Expanded Syllabus CIV PRO

N O T E S o n C I V I L P R O C E D U R E
R E Y N A L I E J A N E R E M U L T A |1
Rule 1 SC is expressly Cannot be enacted by appeal from the decision of an administrative body
RULEMAKING POWER OF SUPREME COURT empowered to the SC to the SC or CA, it means that such body is co-equal
promulgate with the RTC in terms of rank and stature, and
Art. VIII, Sec. 5 (5), Promulgate rules
procedural logically beyond the control of the latter
concerning the protection and enforcement of
rules The rationale for the rule is founded on the concept
constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of jurisdiction: a court that acquires jurisdiction over
of law, the integrated bar, and legal assistance to the PRINCIPLE OF JUDICIAL HIERARCHY the case and renders judgment therein has
Where courts have concurrent jurisdiction over a jurisdiction over its judgment, to the exclusion of all
underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy subject matter, a case must be filed before the lowest other coordinate courts, for its execution and over all
disposition of cases, shall be uniform for all courts of court possible having the appropriate jurisdiction, its incidents, and to control, in furtherance of justice,
except if one can advance a special reason which the conduct of ministerial officers acting in
the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of would allow direct recourse to a higher court. connection with this judgment.
special courts and quasi-judicial bodies shall remain
The principle of hierarchy of courts requires that GENERAL RULE: No court has the authority to
effective unless disapproved by the Supreme Court.
recourses should be made to the lower courts before interfere by injunction with the judgment of another
they are made to the higher courts. court of coordinate jurisdiction or to pass upon or
Art. VI, Sec. 30 No law shall be passed increasing
the appellate jurisdiction of the Supreme Court as Parties must observe the hierarchy of courts before scrutinize and much less declare as unjust a judgment
provided in this Constitution without its advice they can seek relief directly from the SC – the of another court
and concurrence rationale is two-fold:
(1) It would be an imposition upon the limited time EXCEPTION: The doctrine of judicial stability does not
Procedural rules Substantive rules of the Court; and apply where a third party claimant is involved – this
Legislation providing Creates, defines, or (2) It would inevitably result in a delay, in the is in consonance with the well-established principle
means or methods regulates rights, adjudication of cases, which are remanded or that no man shall be affected by any proceeding to
whereby causes of concerning life, liberty referred to the lower court as the proper forum, or a which he is a stranger.
action may be or property or the trier of facts.
effectuated, wrongs powers of agencies or JURISDICTION
redressed, and relief instrumentalities for DOCTRINE OF NON-INTERFERENCE Not only the power to hear, try, & decide a case, but
obtained; also called the administration of Also known as the doctrine of judicial stability: Courts also the power to execute the judgment until the final
Adjective Law public affairs
of equal and coordinate jurisdiction cannot interfere disposition thereof, or full & complete service of
It has no vested rights Vested rights are
with each other’s orders. The principle also bars a sentence by the accused.
possible
court from reviewing or interfering with the
judgment of a co-equal court over which it has no a. JURISDICTION OVER THE SUBJECT MATTER
appellate jurisdiction or power of review. The power of a particular court to hear the type of
The doctrine applies with equal force to case that is then before it. It is the power to hear and
administrative bodies. When the law provides for an
Civil Procedure based on the lectures of

Atty. Marian C. Pasia and
Bar Lecture Series Book of Riano
determine cases of the general class to which the (3) By waiver or failure to object to evidence on a
proceedings in question belong. b. JURISDICTION OVER THE RES OR PROPERTY IN matter not raised in the pleadings. Here the parties
LITIGATION try with their express or implied consent or issues not
As distinguished from the exercise of jurisdiction, “Res,” in civil law is a “thing” or “object.” It is raised by the pleadings.
jurisdiction is the authority to decide a cause, and not everything that may form an object of rights as
the decision rendered therein. Where there is opposed to a “persona,” which is the subject of rights. d. JURISDICTION OVER THE PARTIES
jurisdiction over the person and the subject matter, It includes object, subject matter or status. A Court must acquire jurisdiction over the persons of
the decision on all other questions arising in the case Jurisdiction over the res refers to the court’s indispensable parties before it can validly pronounce
is but an exercise of the jurisdiction. And the errors jurisdiction over the thing or the property which is the judgments personal to the parties.
which the court may commit in the exercise of subject of the action. Jurisdiction over the res may be The manner by which the court acquires jurisdiction
jurisdiction are merely errors of judgment which are acquired: over the parties depends on whether the party is the
the proper subject of an appeal. (1) By seizure of the thing under legal process plaintiff or the defendant.
whereby, it is brought into actual custody of the law Courts acquire jurisdiction over a party plaintiff upon
How conferred? (custodia legis); or, the filing of the complaint.
Jurisdiction over the subject matter of a case is (2) From the institution of legal proceedings wherein,
conferred by law and determined by the allegations under special provisions of law, the power of the Jurisdiction over the person of the defendant is
in the complaint which comprise a concise statement court over the property is recognized and made acquired:
of the ultimate facts constituting the plaintiff's cause effective (potential jurisdiction over the res). (1) By his voluntary appearance in court and his
of action. submission to its authority; or
c. JURISDICTION OVER THE ISSUES (2) By service of summons.
Jurisdiction over the subject matter is conferred only An issue is a disputed point or question to which Jurisdiction over the person of the defendant is
by the Constitution or law, it cannot be: parties to an action have narrowed down their several necessary for the court to validly try and decide a
(1) Fixed by the will of the parties; allegations and upon which they are desirous of case only in an action in personam. It is not a
(2) Acquired, waived, enlarged, or diminished by any obtaining a decision. prerequisite in an action in rem or quasi in rem,
act or omission of the parties; or provided that the court acquires jurisdiction over the
(3) Conferred by the acquiescence of the courts. Generally, jurisdiction over the issues is conferred and res.
(4) Subject to compromise determined:
Once vested by the allegations in the complaint, (1) By the pleadings of the parties, which present the 2. Estoppel to deny jurisdiction
jurisdiction also remains vested irrespective of issues to be tried and determine whether or not the Heirs of Bertuldo Hinog vs. Melicor
whether or not the plaintiff is entitled to recover upon issues are of fact or law G.R.No. 140954, April 12, 2005, 455 SCRA 460
all or some of the claims asserted therein. (2) By stipulation of the parties as when, in the pre-
Jurisdiction is not affected by the pleas set up by the trial, the parties enter into stipulations of facts or The Supreme Court's original jurisdiction to issue
defendant in his answer or in a motion to dismiss, enter into agreement simplifying the issues of the writ of certiorari is not exclusive. It is shared with
otherwise, jurisdiction would be dependent on his case Regional Trial Courts and the Court of Appeals.
Although the Supreme Court, Court of Appeals
whims.

and the Regional Trial Courts have concurrent determines the jurisdiction of the court. As such, Exclusive Appellate Jurisdiction
jurisdiction to issue writs of certiorari, prohibition, when private respondents filed the petition for (1) By ordinary appeal:
mandamus, quo warranto, habeas corpus and adoption on September 25, 1987, the applicable (a) From the RTC and the Family Courts
injunction, such concurrence does not give the law was the Child and Youth Welfare Code, as (b) Over decisions of the MTCs in cadastral or land
petitioner unrestricted freedom of choice of court amended by Executive Order No. 91. registration cases pursuant to its delegated
forum. There is after all a hierarchy of courts. That jurisdiction
hierarchy is determinative of the venue of appeals, JURISDICTION OF COURTS (2) By petition for review:
and also serves as a general determinant of the SUPREME COURT (a) From judgments of the RTC rendered in its
appropriate forum for petitioners for Exclusive Original Jurisdiction appellate jurisdiction.
extraordinary writs. Petitions for certiorari, prohibition and mandamus (b) From decisions, resolutions, orders or awards
against: of the Civil Service Commission and other bodies
The rationale for this rule is two-fold: (a) it would (1) Court of Appeals mentioned in R43; and
be an imposition upon the precious time of the (2) Commission on Elections (c) From decisions of the Office of the
Supreme Court; and (b) it would cause an (3) Commission on Audit Ombudsman in administrative disciplinary cases.
inevitable and resultant delay, intended or (4) Court of Tax Appeals En Banc
otherwise, in the adjudication of cases, which in (5) Sandiganbayan REGIONAL TRIAL COURTS
some instances had to be remanded or referred to (6) Ombudsman in criminal and non- Exclusive Original Jurisdiction
the lower court as the proper forum under the administrative (1) The subject matter of the action is incapable of
rules of procedure, or as better equipped to disciplinary cases pecuniary estimation
resolve issues because the Supreme Court is not a (2) Civil actions involving title to, or possession of
trier of facts. The Supreme Court will not entertain Appellate Jurisdiction real property, or any interest therein, where
direct resort to certiorari unless redress desired By way of petition for review on certiorari assessed value exceeds P20,000 outside Metro
cannot be obtained in the appropriate courts, and (appeal by certiorari under Rule 45) against: Manila, or exceeds P50,000 in Metro Manila
exceptional and compelling circumstances, such (1) CA (3) If the amount involved exceeds P300,000
as cases of national interest and of serious (2) Sandiganbayan outside Metro Manila or exceeds P400,000 in
implications, justify the availment of the (3) RTC on pure questions of law Metro Manila
extraordinary remedy of writ of certiorari, calling (4) CTA in its decisions rendered en banc (4) All actions involving the contract of marriage
for the exercise of its primary jurisdiction. (5) MetC, MTC, MCTC in the exercise of their and family relation [Sec. 19(5), BP 129], and all civil
delegated jurisdiction, where the decision, had it actions falling within the exclusive original
3. Jurisdiction at time of filing of action been rendered by RTC, would be appealable jurisdiction of the Juvenile and Domestic Relations
Cang vs. Court of Appeals directly to the SC Court and of the Court of Agrarian Reform
G.R. No. 105308, September 25, 1998, 296 SCRA (5) All cases not within the exclusive jurisdiction of
128 COURT OF APPEALS any court, tribunal, person, or body exercising
Exclusive Original Jurisdiction judicial or quasi-judicial functions (General
Jurisdiction being a matter of substantive law, the (1) Actions for annulment of judgments of Original
established rule is that the statute in force at the the RTC Jurisdiction) [Sec. 19(6), BP 129]
time of the commencement of the action

(6) Jurisdiction to Hear and Decide Intra Corporate 1. as to cause or foundation Katarungang Pambarangay Law (As provided in Secs.
Controversies The distinction is importation for purposes of 399-422, Ch. 7, Title One, Book III, RA 7160)
(7) Petitions for Declaratory Relief determining venue: “The question whether or not Lumbuan vs. Ronqullo
venue has been properly laid depends to a great G.R. No. 155713, May 5, 2006
METROPOLITAN TRIAL COURTS/ MUNICIPAL extent on the kind of action (real or personal)
TRIAL COURTS presented by the Complaint.” The primordial objective of the Katarungang
Exclusive Original Jurisdiction Pambarangay Rules, is to reduce the number of
(1) If the amount involved does not exceed A. personal- All other actions [Sec. 2, Rule 4] court litigations and prevent the deterioration of
P300,000 outside Metro Manila or does not the quality of justice which has been brought
A personal action is ‘transitory,’ i.e. its venue
exceed P400,000 in Metro Manila about by the indiscriminate filing of cases in the
depends upon the residence of the plaintiff or of the
(2) Actions involving title to, or possession of, real courts. To attain this objective, Section 412(a) of
defendant, at the option of the plaintiff.
property, or any interest therein where the Republic Act No. 7160 requires the parties to
B. real- An action affecting title to or undergo a conciliation process before the Lupon
assessed value of the property or interest therein
possession of real property, or interest therein. [See Chairman or the Pangkat as a precondition to
does not exceed P20,000 outside Metro Manila or
does not exceed P50,000 in Metro Manila Sec. 1, Rule 4] A real action is ‘local,’ i.e. its venue filing a complaint in court.
(3) Inclusion and exclusion of voters depends upon the location of the property involved
(4) Those governed by the Rules on Summary in the litigation a. Not jurisdictional but ground for dismissal under
Procedure Rule 16, Sec. 1(j)
(5) Forcible entry and unlawful detainer 2. as to object b. When parties may go directly to court without
(FEUD) The distinction is important to determine whether or need of prior barangay conciliation (Sec.412, Local
(6) Other civil cases, except probate proceeding, not jurisdiction over the person of the defendant is Government Code, RA 7160)
where the total amount of the plaintiff’s claim required, and the type of summons to be employed c. Requirement does not apply to any complaint by
does not exceed P200, 000 in MM, exclusive of
or against corporations, partnerships or juridical
interests and costs. A. in rem- One which seeks to determine the entities (Sec, 1, Rule VI, Katarungang Pambarangay
state or condition of a thing. Rules)
ACTIONS
B. in personam- One which seeks to enforce
An ordinary suit in a court of justice by which one
personal rights and obligations brought against the 2. Payment of filing fee
party prosecutes another for the enforcement or
person. Its purpose is to impose, through the Heirs of Bertuldo Hinog vs. Melicor
protection of a right or the prevention or redress of a
judgment of the court, some liability directly upon G.R.No. 140954, April 12, 2005, 455 SCRA 460
wrong. This is distinguished from the cause of action,
the person of the defendant.
which is the fact or combination of facts which While the payment of the prescribed docket fee is
C. quasi in rem- One which seeks to directly
affords a party a right to judicial interference in his a jurisdictional requirement, even its non-payment
subject the property or interest of named defendants
behalf and which is the basis of ordinary civil actions. at the time of filing does not automatically cause
to the obligation or lien of the plaintiff.
[Sec. 1, Rule 2] the dismissal of the case, as long as the fee is paid
within the applicable prescriptive or reglementary
COMMENCEMENT OF ACTION
KINDS OF ACTION period, more so when the party involved
1. Condition precedent

demonstrates a willingness to abide by the rules enforce said lien and assess and collect the as being incapable of pecuniary estimation include
prescribing such payment. Thus, when insufficient additional fee. legality of conveyances.
filing fees were initially paid by the plaintiffs and
there was no intention to defraud the government, The fact that private respondents prayed for Lu Ym father and sons did not raise the issue
the Manchester rule does not apply. payment of damages “in amounts justified by the before the trial court. The narration of facts in the
evidence” does not call for the dismissal of the Court’s original decision shows that Lu Ym father
Time and again, the Court has held that the complaint for violation of SC Circular No. 7, dated and sons merely inquired from the Clerk of Court
Manchester rule has been modified in Sun March 24, 1988 which required that all complaints on the amount of paid docket fees on January 23,
Insurance Office, Ltd. (SIOL) vs. Asuncion which must specify the amount of damages sought not 2004. They thereafter still “speculat[ed] on the
defined the following guidelines involving the only in the body of the pleadings but also in the fortune of litigation.” Thirty-seven days later or on
payment of docket fees: 1. It is not simply the filing prayer in order to be accepted and admitted for March 1, 2004 the trial court rendered its decision
of the complaint or appropriate initiatory filing. Sun Insurance effectively modified SC adverse to them. Meanwhile, Lu Ym father and
pleading, but the payment of the prescribed Circular No. 7 by providing that filing fees for sons attempted to verify the matter of docket fees
docket fee, that vests a trial court with jurisdiction damages and awards that cannot be estimated from the Office of the Court Administrator (OCA).
over the subject-matter or nature of the action. constitute liens on the awards finally granted by In their Application for the issuance a writ of
Where the filing of the initiatory pleading is not the trial court. preliminary injunction filed with the Court of
accompanied by payment of the docket fee, the Appeals, they still failed to question the amount of
court may allow payment of the fees within a Lu v. Lu Ym docket fees paid by David Lu, et al. It was only in
reasonable time but in no case beyond the G.R. No. 153690, 15 February 2011 their Motion for Reconsideration of the denial by
applicable prescriptive or reglementary period. 2. the appellate court of their application for
The same rule applies to permissive counter- As judiciously discussed in the Court’s August 26, injunctive writ that they raised such issue. Lu Ym
claims, third-party claims and similar pleadings, 2008 Decision, the test in determining whether the father and sons’ further inquiry from the OCA
which shall not be considered filed until and unless subject matter of an action is incapable of cannot redeem them. A mere inquiry from an
the filing fee prescribed therefor is paid. The court pecuniary estimation is by ascertaining the nature improper office at that, could not, by any stretch,
may also allow payment of said fee within a of the principal action or remedy sought. It be considered as an act of having raised the
reasonable time but also in no case beyond its explained: x x x To be sure, the annulment of the jurisdictional question prior to the rendition of the
applicable prescriptive or reglementary period. 3. shares, the dissolution of the corporation and the trial court’s decision.
Where the trial court acquires jurisdiction over a appointment of receivers/management
claim by the filing of the appropriate pleading and committee are actions which do not consist in the Rule 4
payment of the prescribed filing fee but, recovery of a sum of money. If, in the end, a sum
subsequently, the judgment awards a claim not of money or real property would be recovered, it
specified in the pleading, or if specified the same would simply be the consequence of such VENUE OF ACTIONS
has been left for determination by the court, the principal action. Therefore, the case before the Venue is the place, or the geographical area in which
additional filing fee therefor shall constitute a lien RTC was incapable of pecuniary estimation. (italics a court with jurisdiction may hear and determine a
on the judgment. It shall be the responsibility of in the original, emphasis and underscoring case or the place where a case is to be tried
the Clerk of Court or his duly authorized deputy to supplied) Actions which the Court has recognized
VENUE JURISDICTION

venue is the place the authority to hear residence or domicile provided he resides therein Regional Trial Court of Manila. The rule does not
where the case is to be and determine a case with continuity and consistency. consider the residence of the respondent. (Sec. 7,
heard or tried Rule 66, Rules of Court).
procedural law a matter of substantive VENUE OF ACTIONS AGAINST NON-RESIDENTS Diaz vs. Adiong
law (Sec. 3) 219 SCRA 631 (1993)
a relation between establishes a relation If any of the defendants does not reside and is not
plaintiff and defendant, between the court and found in the Philippines, and the action affects the From the foregoing provision, it is clear that an
or petitioner and the subject matter personal status of the plaintiff, or any property of offended party who is at the same time a public
respondent said defendant located in the Philippines, the official can only institute an action arising from
venue may be fixed by law and cannot action may be commenced and tried in the court libel in two (2) venues: the place where he holds
conferred by the act or be conferred by the of the place where the plaintiff resides, or where office, and the place where the alleged libelous
agreement of the parties the property or any portion thereof is situated or articles were printed and first published.
parties found. (2[c]a)
Consequently, it is indubitable that venue was
VENUE OF REAL ACTIONS (Sec. 1) Non-resident found in the Philippines improperly laid. However, unless and until the
Actions affecting title to or possession of real (1) For personal actions: defendant objects to the venue in a motion to
property, or interest therein, shall be commenced (a) Where the plaintiff, or any of the dismiss prior to a responsive pleading, the venue
and tried in the proper court which has jurisdiction cannot truly be said to have been improperly laid
principal plaintiffs, resides; or
over the area wherein the real property involved, or a since, for all practical intents and purposes, the
(b) Where the non-resident defendant may
venue though technically wrong may yet be
portion thereof, is situated be found [Sec. 2, Rule 4]
considered acceptable to the parties for whose
(2) For real actions -- where the property is located convenience the rules on venue had been devised.
VENUE OF PERSONAL ACTIONS (Sec. 2) [Sec. 1, Rule 4]
All other actions may be commenced and tried, at the Withal, objections to venue in civil actions arising
plaintiff’s election: Non-resident not found in the Philippines from libel may be waived; it does not, after all,
(1) Where the plaintiff or any of the principal plaintiffs (1) Involves personal status of plaintiff – where involve a question of jurisdiction. Indeed, the
resides; plaintiff resides laying of venue is procedural rather than
(2) Where the defendant or any of the principal (2) Involves property of defendant in the Philippines substantive, relating as it does to jurisdiction of
defendants resides; – where the property, or any portion thereof, is the court over the person rather than the subject
(3) In case of a non-resident defendant, where he may situated or found [Sec. 3, Rule 4] matter. Venue relates to trial and not to
be found. jurisdiction.
WHEN RULE NOT APPLICABLE (Sec. 4)
The residence of a person is his personal, actual or 2. If there is a stipulation as to venue which is
1. Where a specific rule or law provides otherwise
physical habitation or his actual residence or place permitted if the agreement:
Example: A quo warranto proceeding commenced by
of abode, which may not necessarily be his legal (a) Is in writing;
the Solicitor General and filed, not in the Court of
(b) Was made before the filing of the action; and
Appeals or the Supreme Court, is to be filed in the

(c) Is the exclusive venue. [Sec. 4, Rule 4] Written stipulations as to venue may be restrictive in waived expressly or impliedly. Where defendant
the sense that the suit may be filed only in the place fails to challenge timely the venue in a motion to
Legaspi vs. Republic agreed upon, or merely permissive in that the parties dismiss as provided by Section 4 of Rule 4 of the
G.R. No. 160653, July 23, 2008 may file their suit not only in the place agreed upon Rules of Court, and allows the trial to be held and
but also in the places fixed by law. a decision to be rendered, he cannot on appeal or
As a general rule, venue of personal actions is However, a complaint directly assailing the validity of in a special action be permitted to challenge
governed by Section 2, Rule 4 of the Rules of belatedly the wrong venue, which is deemed
the written instrument itself should not be bound by
Court, to wit: Sec. 2. Venue of personal actions.— waived.
the exclusive venue stipulation contained therein and
All other actions may be commenced and tried
should be filed in accordance with the general rules
where the plaintiff or any of the principal plaintiffs HOW TO QUESTION IMPROPER VENUE
on venue.
resides, or where the defendant or any of the 1. motion to dismiss (Rule 16, Sec. 1(c))
principal defendants resides, or in the case of a Unless and until the defendant objects to the venue
non-resident defendant, where he may be found, WAIVER OF IMPROPER VENUE
in a motion to dismiss, the venue cannot be truly said
at the election of the plaintiff. The parties, 1. express waiver
to be improperly laid, because the venue although
however, are not precluded from agreeing in 2. implied waiver
technically wrong may be acceptable to the parties
writing on an exclusive venue, as qualified by
for whose convenience the rules on venue have been
Section 4 of the same rule. Written stipulations as Dacoycoy vs. IAC
devised. The trial court cannot preempt the
to venue may be restrictive in the sense that the 195 SCRA 641 (1993)
defendant’s prerogative to object to the improper
suit may be filed only in the place agreed upon, or
merely permissive in that the parties may file their It is said that the laying of venue is procedural laying of the venue by motu proprio dismissing the
suit not only in the place agreed upon but also in rather than substantive. It relates to the case (Dacuy- coy v. Intermediate Appellate Court, 195
the places fixed by law. As in any other agreement, jurisdiction of the court over the person rather SCRA 641, 645-646). Hence, if in a case filed with the
what is essential is the ascertainment of the than the subject matter. Provisions relating to Regional Trial Court, the defendant files a motion to
intention of the parties respecting the matter. As venue establish a relation between the plaintiff dismiss based on lack of jurisdiction over the subject
regards restrictive stipulations on venue, and the defendant and not between the court and matter and the court instead dismisses the action
jurisprudence instructs that it must be shown that the subject matter. Venue relates to trial not to based on improper venue, the court would be acting
such stipulation is exclusive. In the absence of jurisdiction, touches more of the convenience of erroneously because the act would tantamount to a
qualifying or restrictive words, such as the parties rather than the substance of the case. motu pro-prio dismissal based on improper venue.
“exclusively,” “waiving for this purpose any other Jurisdiction treats of the power of the court to 2. affirmative defense in answer (Rule 16, Sec. 6)
venue,” “shall only” preceding the designation of decide a case on the merits; while venue deals on
venue, “to the exclusion of the other courts,” or the locality, the place where the suit may be had.
Rule 2
words of similar import, the stipulation should be
deemed as merely an agreement on an additional Dismissing the complaint on the ground of
forum, not as limiting venue to the specified place. improper venue is certainly not the appropriate CAUSE OF ACTION
course of action at this stage of the proceeding,
Section 1. Ordinary civil actions, basis of. — Every
EFFECTS OF STIPULATION ON VENUE particularly as venue, in inferior courts as well as in
ordinary civil action must be based on a cause of
the courts of first instance (now RTC), may be
action. (n)

Section 2. Cause of action, defined. — A cause of Right to sue as a be maintained, it should not be dismissed
action is the act or omission by which a party consequence of the The delict or wrong regardless of the defense that may be presented
violates a right of another. (n) delict by the defendant.
Determined by the
Whether such acts
The act or omission by which a party violates a right averments in the SPLITTING A CAUSE OF ACTION (Secs. 3-4)
give him right of
pleading regarding Splitting a single cause of action is the act of
of another. [Sec. 2, Rule 2] Every ordinary civil action action determined by
the acts committed instituting two or more suits for the same cause of
must be based on a cause of action [Sec. 1, Rule 2] substantive law
by the defendant
A cause of action stems from the sources of action (Sec. 4, Rule 2, Rules of Court). In splitting a
obligations under Art. 1156 of the Civil Code: cause of action, the pleader divides a single cause
(1) Law, Heirs of Tomas Dolleton vs. Fil-Estate of action, claim or demand into two or more parts
(2) Contract, Management, Inc. and brings a suit for one of such parts with the
(3) Quasi-contract, G.R. No, 170750, April 7, 2009 intent to reserve the rest for another separate action
(4) Acts and omissions punishable by law and Section 2, Rule 2 of the Rules of Civil Procedure
(5) Quasi-delict. defines a cause of action as the act or omission by Sps Yap vs. First E-Bank Corporation
which a party violates the right of another. Its G.R. No. 169889, September 29, 2009
essential elements are as follows: (1) a right in
ELEMENTS OF A CAUSE OF ACTION
favor of the plaintiff by whatever means and under
(1) Plaintiff’s legal right; So as not to create any misunderstanding,
whatever law it arises or is created; (2) an however, the point should be underscored that
(2) Defendant’s correlative obligation to respect
obligation on the part of the named defendant to the creditor’s obvious purpose when it forecloses
plaintiff’s right; respect or not to violate such right; and (3) an act
(3) Defendant’s act/omission in violation of on mortgaged property is to obtain payment for
or omission on the part of such defendant in
a loan which the debtor is unable or unjustifiably
plaintiff’s right violation of the right of the plaintiff or constituting refuses to pay. The rationale is the same if the
A cause of action must exist at the time of the filing a breach of the obligation of the defendant to the creditor opts to sue the debtor for collection.
of the complaint – else, the case shall be dismissible plaintiff, for which the latter may maintain an Thus, it is but logical that a creditor who obtains
for being a groundless suit. action for recovery of damages or other
a personal judgment against the debtor on a
appropriate relief. loan waives his right to foreclose on the
RIGHT OF ACTION CAUSE OF ACTION If the allegations in the complaint furnish mortgage securing the loan. Otherwise, the
The remedial right or sufficient basis on which it can be maintained, it creditor becomes guilty of splitting a single
The delict or wrongful
right to relief granted should not be dismissed regardless of the defense cause of action for the debtor’s inability (or
act or omission
by law to a party to that may be presented by the defendant.—The unjustified refusal) to pay his debt. Nemo debet
committed by the
institute an action elementary test for failure to state a cause of bis vexare pro una et eadem causa. No man shall
defendant in violation
against a person who action is whether the complaint alleges facts be twice vexed for one and the same cause.
of the primary rights of
has committed a delict which if true would justify the relief demanded.
the plaintiff
or wrong against him The inquiry is into the sufficiency, not the veracity, Del Rosario vs Far East Bank and Trust
of the material allegations. If the allegations in the Company, G.R. No. 150134, October 31, 2007
complaint furnish sufficient basis on which it can

Petitioners are sternly reminded that both the rules EFFECTS The assertion of as many causes of action as a party
on res judicata and splitting of causes of action are The filing of one or a judgment upon the merits in may have against another in one pleading alone.
based on the salutary public policy against any one is available as a ground for the dismissal [Sec. 5, Rule 2]
unnecessary multiplicity of suits—interest of the others. [Sec. 4, Rule 2]. It is also the process of uniting two or more demands
reipublicae ut sit finis litium. Re-litigation of or rights of action in one action.
matters already settled by a court’s final judgment REMEDY AGAINST SPLITTING A SINGLE CAUSE
merely burdens the courts and the taxpayers,
OF ACTION Ratio: To avoid a multiplicity of suits and to expedite
creates uneasiness and confusion, and wastes
a. motion to dismiss – Rule 16, Sec. 1 (e) or disposition of litigation at minimum cost
valuable time and energy that could be devoted to
Sec. 1 (f)
worthier cases.
(e) That there is another action pending Section 5. Joinder of causes of action. — A party
between the same parties for the same cause; may in one pleading assert, in the alternative or
otherwise, as many causes of action as he may
Joseph vs. Bautista
(f) That the cause of action is barred by a prior have against an opposing party, subject to the
170 SCRA 540 (1989)
judgment or by the statute of limitations; following conditions:
A cause of action is understood to be the delict

b. answer alleging affirmative defense – Rule (a) The party joining the causes of action shall
or wrongful act or omission committed by the
16, Sec.6 comply with the rules on joinder of parties;
defendant in violation of the primary rights of
the plaintiff. It is true that a single act or omission Section 6. Pleading grounds as affirmative
can be violative of various rights at the same defenses. — If no motion to dismiss has been (b) The joinder shall not include special civil actions
time, as when the act constitutes juridically a filed, any of the grounds for dismissal or actions governed by special rules;
violation of several separate and distinct legal provided for in this Rule may be pleaded as an
obligations. However, where there is only one affirmative defense in the answer and, in the (c) Where the causes of action are between the
delict or wrong, there is but a single cause of discretion of the court, a preliminary hearing same parties but pertain to different venues or
action regardless of the number of rights that may be had thereon as if a motion to dismiss jurisdictions, the joinder may be allowed in the
may have been violated belonging to one had been filed. (5a) Regional Trial Court provided one of the causes of
person. The singleness of a cause of action lies in action falls within the jurisdiction of said court and
the singleness of the delict or wrong violating The dismissal of the complaint under this the venue lies therein; and
the rights of one person. Nevertheless, if only section shall be without prejudice to the
one injury resulted from several wrongful acts, prosecution in the same or separate action of (d) Where the claims in all the causes action are
only one cause of action arises. In the case at bar, a counterclaim pleaded in the answer. (n) principally for recovery of money, the aggregate
there is no question that the petitioner sustained amount claimed shall be the test of jurisdiction.
a single injury on his person. That vested in him JOINDER OF CAUSES OF ACTION (Secs. 5-6); See (5a)
a single cause of action, albeit with the Rule 3, Section 6
correlative rights of action against the different Section 6. Misjoinder of causes of action. —
respondents through the appropriate remedies Misjoinder of causes of action is not a ground for
allowed by law. dismissal of an action. A misjoined cause of action

R E Y N A L I E J A N E R E M U L T A | 10
may, on motion of a party or on the initiative of may involve the same parties or different parties. action arose out of the same or different
the court, be severed and proceeded with If the joinder involves different parties, as in this transactions. If the total demand exceeds twenty
separately. (n) case, there must be a question of fact or of law thousand pesos, then the regional trial court has
common to both parties joined, arising out of the jurisdiction. Needless to state, if the causes of
Sps. Perez vs. Hermano same transaction or series of transaction. action are separate and independent, their
G.R. No. 147417, July 8, 2005 joinder in one complaint is permissive and not
There is misjoinder of causes of action when the TOTALITY RULE mandatory, and any cause of action where the
conditions for joinder under Section 5, Rule 2 are Where there are several claims or causes of actions amount of the demand is twenty thousand pesos
not met.—There is misjoinder of causes of action between the same or different parties, embodied in or less may be the subject of a separate complaint
when the conditions for joinder under Section 5, filed with a metropolitan or municipal trial court.
the same complaint, the amount of the demand
Rule 2 are not met. Section 5 provides: Sec. 5. shall be the totality of the claims in all the claims of
Joinder of causes of action.—A party may in one action, irrespective of whether the causes of action ESTOPPEL TO QUESTION JURISDICTION
pleading assert, in the alternative or otherwise, arose out of the same or different transactions [Sec. Heirs of Bertuldo Hinog vs. Melicor
as many causes of action as he may have against G.R.No. 140954, April 12, 2005
33[1], BP 129].
an opposing party, subject to the following
conditions: (a) The party joining the causes of After Bertuldo vigorously participated in all
Illustration: DD owes PP the following: P250,000
action shall comply with the rules on joinder of stages of the case before the trial court and even
parties; (b) The joinder shall not include special representing the balance on the purchase price of a
invoked the trial court’s authority in order to ask
civil actions or actions governed by special rules; car; P200,000 based on a simple loan; P275,000 also
for affirmative relief, petitioners, considering that
(c) Where the causes of action are between the based on another loan. All debts are due and a they merely stepped into the shoes of their
same parties but pertain to different venues or demand to pay went unheeded. If an action is filed predecessor, are effectively barred by estoppel
jurisdictions, the joinder may be allowed in the and the causes of action are joined, the basis of from challenging the trial court’s jurisdiction.
Regional Trial Court provided one of the causes jurisdiction would be the total amount due. The RTC, Although the issue of jurisdiction may be raised
of action falls within the jurisdiction of said court in this case, has jurisdiction. If each debt is made the at any stage of the proceedings as the same is
and the venue lies therein; and (d) Where the subject of a separate complaint, the MTC, by reason conferred by law, it is nonetheless settled that a
claims in all the causes of action are principally of the amount, has jurisdiction. party may be barred from raising it on ground of
for recovery of money, the aggregate amount laches or estoppel.
claimed shall be the test of jurisdiction.
Flores vs. Mallare-Phillipps
G.R. No. L-66620, September 24, 1986 Rule 3
If the joinder involves different parties, there
must be a question of fact or of law common to
both parties joined, arising out of the same There is no difference between the former and
PARTIES TO CIVIL ACTIONS
transaction or series of transactions.—As far as present rules in cases where a plaintiff sues a
can be gathered from the assailed Orders, it is defendant on two or more separate causes of
WHO MAY BE PARTIES (SEC. 1)
the first condition—on joinder of parties—that action. In such cases, the amount of the demand
shall be the totality of the claims in all the causes 1. Natural persons
the trial court deemed to be lacking. It is well to 2. Juridical persons
remember that the joinder of causes of action of action irrespective of whether the causes of

3. Entities authorized by law (even if they civil rights, or does not have the necessary respondents that would redound to their personal
lack juridical personality) qualification to appear in the case, or does not benefit or gain.” Clearly, they do not have any legal
have the character or representation he claims. On standing to file the instant suit.
REAL PARTY IN INTEREST the other hand, a case is dismissible for lack of
“A real party in interest is the party who stands to personality to sue upon proof that the plaintiff is REPRESENTATIVE PARTIES
be benefited or injured by the judgment in the not the real party-in-interest, hence grounded on Some actions may be allowed to be prosecuted or
suit, or the party entitled to the avails of the suit” failure to state a cause of action. defended by a representative or someone acting
(Sec. 2, Rule 3, Rules of Court). in a fiduciary capacity like a trustee of an express
The term “lack of capacity to sue” should not be trust, a guardian, an executor or administrator, or
confused with the term “lack of personality to sue.” a party authorized by law or by the Rules (Sec. 3,
To be a real party-in-interest, the interest must be
While the former refers to a plaintiff’s general Rule 3, Rules of Court).
‘real,’ which is a present substantial interest as
disability to sue, such as on account of minority,
distinguished from a mere expectancy or a future,
insanity, incompetence, lack of juridical
contingent subordinate or consequential interest It is Oposa vs. Factoran
personality or any other general disqualifications
an interest that is material and direct, as 224 SCRA 792 (1993)
of a party, the latter refers to the fact that the
distinguished from a mere incidental interest plaintiff is not the real party-in-interest.
This case, however, has a special and novel
Correspondingly, the first can be a ground for a
element. Petitioners minors assert that they
LACK OF PERSONALITY TO SUE motion to dismiss based on the ground of lack of
represent their generation as well as generations
Evangelista vs. Santiago legal capacity to sue; whereas the second can be
yet unborn. We find no difficulty in ruling that they
475 SCRA 744 (2005) used as a ground for a motion to dismiss based on
can, for themselves, for others of their generation
the fact that the complaint, on the face thereof,
and for the succeeding generations, file a class
Before anything else, it should be clarified that evidently states no cause of action.
suit. Their personality to sue in behalf of the
“the plaintiff has no legal capacity to sue” and “the succeeding generations can only be based on the
pleading asserting the claim states no cause of STANDING TO SUE concept of intergenerational responsibility insofar
action” are two different grounds for a motion to Domingo vs. Carague as the right to a balanced and healthful ecology is
dismiss or are two different affirmative defenses. 456 SCRA 450 (2005) concerned. Such a right, as hereinafter
Failure to distinguish between “the lack of legal expounded, considers the “rhythm and harmony
capacity to sue” from “the lack of personality to Here, petitioners have not shown any direct and of nature.”
sue” is a fairly common mistake. personal interest in the COA Organizational
Restructuring Plan. There is no indication that they Needless to say, every generation has a
The difference between the two is explained by have sustained or are in imminent danger of responsibility to the next to preserve that rhythm
this Court in Columbia Pictures, Inc. v. Court of sustaining some direct injury as a result of its and harmony for the full enjoyment of a balanced
Appeals: Among the grounds for a motion to implementation. In fact, they admitted that “they and healthful ecology. Put a little differently, the
dismiss under the Rules of Court are lack of legal do not seek any affirmative relief nor impute any minors’ assertion of their right to a sound
capacity to sue and that the complaint states no improper or improvident act against the environment constitutes, at the same time, the
cause of action. Lack of legal capacity to sue respondents” and “are not motivated by any performance of their obligation to ensure the
means that the plaintiff is not in the exercise of his desire to seek affirmative relief from COA or from

protection of that right for the generations to in sustaining the assailed CA Decision, considering The responsibility of two or more persons who are
come. that he would benefit from such judgment. As liable for a quasi-delict is solidary. Where there is
such, his non-inclusion would render the petition a solidary obligation on the part of debtors, as in
INDISPENSABLE PARTIES for certiorari defective. this case, each debtor is liable for the entire
An indispensable party is a real party-in-interest obligation. Hence, each debtor is liable to pay for
without whom no final determination can be had The rule is settled that the non-joinder of the entire obligation in full. There is no merger or
of an action. (SEC. 7) indispensable parties is not a ground for the renunciation of rights, but only mutual
dismissal of an action. The remedy is to implead representation. Where the obligation of the
the non-party claimed to be indispensable. parties is solidary, either of the parties is
The presence of indispensable parties is a condition
indispensable, and the other is not even a
for the exercise of juridical power and when an Parties may be added by order of the court on necessary party because complete relief is
indispensable party is not before the court, the action motion of the party or on its own initiative at any available from either. Therefore, jurisdiction over
should be dismissed. The absence of an stage of the action and/or at such times as are just. Foronda is not even necessary as Tuazon may
indispensable party renders all subsequent actions of If petitioner refuses to implead an indispensable collect damages from Mrs. Cerezo alone.
the court null and void for want of authority to act, party despite the order of the court, the latter may
not only as to the absent parties but even as to those dismiss the complaint/petition for the NECESSARY PARTY OR PROPER PARTY
present. plaintiff’s/petitioner’s failure to comply therewith. Section 8. Necessary party. — A necessary party is
The joinder of indispensable parties is mandatory. one who is not indispensable but who ought to be
Without the presence of indispensable parties to the WHERE OBLIGATION OF THE PARTIES IS joined as a party if complete relief is to be
suit, the judgment of the court cannot attain real SOLIDARY, EITHER OF THE PARTIES IS accorded as to those already parties, or for a
finality. Strangers to a case are not bound by the INDISPENSABLE complete determination or settlement of the claim
judgment rendered by the court” (Lucman v. Malawi) Cerezo vs. Tuazon subject of the action. (8a)
G.R. No. 141538, March 23, 2004
Section 9. Non-joinder of necessary parties to be
In the Matter of the Heirship (Intestate Estates) of
Contrary to Mrs. Cerezo’s assertion, Foronda is not pleaded. — Whenever in any pleading in which a
the Late Hermogenes Rodriguez, Pascual vs.
an indispensable party to the case. An claim is asserted a necessary party is not joined,
Robles, G.R. No. 182645, December 15, 2010
indispensable party is one whose interest is the pleader shall set forth his name, if known, and
(Resolution)
affected by the court’s action in the litigation, and shall state why he is omitted. Should the court find
without whom no final resolution of the case is the reason for the omission unmeritorious, it may
In the case at bar, Robles is an indispensable party.
possible. However, Mrs. Cerezo’s liability as an order the inclusion of the omitted necessary party
He stands to be injured or benefited by the
employer in an action for a quasi-delict is not only if jurisdiction over his person may be obtained.
outcome of the petition. He has an interest in the
controversy that a final decree would necessarily solidary, it is also primary and direct. Foronda is
not an indispensable party to the final resolution The failure to comply with the order for his
affect his rights, such that the courts cannot
of Tuazon’s action for damages against Mrs. inclusion, without justifiable cause, shall be
proceed without his presence. Moreover, as
Cerezo. deemed a waiver of the claim against such party.
provided for under the aforequoted Section 5,
Rule 65 of the Rules of Court, Robles is interested

The non-inclusion of a necessary party does not EFFECTS OF MISJOINDER AND NON-JOINDER OF the name and address of his legal representative or
prevent the court from proceeding in the action, PARTIES representatives. Failure of counsel to comply with his
and the judgment rendered therein shall be Neither misjoinder nor non-joinder of parties is duty shall be a ground for disciplinary action.
without prejudice to the rights of such necessary ground for dismissal of an action. Parties may be The heirs of the deceased may be allowed to be
party. (8a, 9a) dropped or added by order of the court on motion substituted for the deceased, without requiring the
of any party or on its own initiative at any stage appointment of an executor or administrator and the
Laperal Devt. Corp. vs. CA the action and on such terms as are just. Any claim court may appoint a guardian ad litem for the minor
223 SCRA 261 (1993) against a misjoined party may be severed and heirs.
proceeded with separately. (11a)
2. If defendant dies, effect of his death depends upon
Sunbeams should have been joined as a party-
nature of the pending
defendant in order that the judgment of the lower CLASS SUITS
court could legally affect it. But even if it was not Mathay vs. Consolidated Bank, 58 SCRA 559
impleaded, the court could still validly proceed ACTION
(1974)
with the case because Sunbeams was not an
indispensable party but only a proper party. A EFFECT OF NON-SUBSTITUTION OF A DECEASED
The necessary elements for the maintenance of a
proper party is one which ought to be party if class suit are accordingly: (1) that the subject PARTY
complete relief is to be accorded as between those matter of the controversy be one of common or Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460
already parties. A party is indispensable if no final general interest to many persons, and (2) that (2005)
determination can be had of an action unless it is such persons be so numerous as to make it Non-compliance with the rule on substitution
joined either as plaintiff or defendant. impracticable to bring them all to the court. would render the proceedings and judgment of
the trial court infirm because the court acquires no
PERMISSIVE JOINDER OF PARTIES DEFENDANTS jurisdiction over the persons of the legal
All persons in whom or against whom any right to representatives or of the heirs on whom the trial
1. Unwilling co-plaintiff (Sec. 10)
relief in respect to or arising out of the same and the judgment would be binding.—No formal
2. Alternative defendant (Sec. 13)
transaction or series of transactions is alleged to substitution of the parties was effected within
3. Unknown defendant (Sec. 14; Rule 14,
exist, whether jointly, severally, or in the thirty days from date of death of Bertuldo, as
Sec. 14) required by Section 16, Rule 3 of the Rules of
alternative, may, except as otherwise provided in
4. Entity without juridical personality as Court. Needless to stress, the purpose behind the
these Rules, join as plaintiffs or be joined as
defendant (Sec. 15; Rule 14, Sec. 8) rule on substitution is the protection of the right
defendants in one complaint, where any question
of law or fact common to all such plaintiffs or to of every party to due process. It is to ensure that
all such defendants may arise in the action; but the DEATH OF PARTY; DUTY OF COUNSEL (Secs. 16, the deceased party would continue to be properly
court may make such orders as may be just to 20) represented in the suit through the duly
prevent any plaintiff or defendant from being 1. If plaintiff dies during pendency of case appointed legal representative of his estate. Non-
embarrassed or put to expense in connection with Whenever a party to a pending action dies, and the compliance with the rule on substitution would
any proceedings in which he may have no interest. claim is not thereby extinguished, it shall be the duty render the proceedings and judgment of the trial
(Sec. 6) of his counsel to inform the court within thirty (30) court infirm because the court acquires no
jurisdiction over the persons of the legal
days after such death of the fact thereof, and to give

representatives or of the heirs on whom the trial INCOMPETENCY OR INCAPACITY Always made in a case
and the judgment would be binding. The court, upon motion with notice, may allow the already filed in court
action to be continued by or against the incompetent Only 9 kinds of Any application for
De la Cruz vs. Joaquin, 464 SCRA 576 (2005) or incapacitated person assisted by his legal guardian pleading are allowed relief not by a pleading
Strictly speaking, the rule on the substitution by or guardian ad litem. (SEC. 18) by the rules is a motion
heirs is not a matter of jurisdiction, but a
requirement of due process. Thus, when due TRANSFER OF INTEREST KINDS OF PLEADINGS
process is not violated, as when the right of the The action may be continued by or against the Pleadings Allowed:
representative or heir is recognized and
original party, unless the court upon motion directs
protected, noncompliance or belated formal (1) COMPLAINT- The pleading alleging the plaintiff’s
the person to whom the interest is transferred to be
compliance with the Rules cannot affect the cause/s of action. [Sec. 3, Rule 6] The filing of the
substituted in the action or joined with the original
validity of a promulgated decision. Mere failure to
party (SEC. 19) original complaint in court signifies the
substitute for a deceased plaintiff is not a
commencement of the civil action.
sufficient ground to nullify a trial court’s decision.
The alleging party must prove that there was an Rule 6
undeniable violation of due process. The complaint is the pleading alleging the
plaintiff’s or claiming party’s cause or causes of
PLEADINGS action.
DEATH OR SEPARATION OF PARTY WHO IS A
Pleadings are the written statements of the
PUBLIC OFFICER
respective claims and defenses of the parties,
Requisites: a) PAYMENT OF DOCKET FEES AND
submitted to the court for appropriate judgment
(1) That the public officer is a party to an action in his ACQUISITION OF JURISDICTION
[Sec. 1, Rule 6]
official capacity; It is not only the filing of the complaint but the
(2) That during the pendency of the action, he either payment of docket fees that vests a trial court
Every pleading shall contain in a methodical and
dies/resigns or otherwise ceases to hold office; with jurisdiction over the subject matter of the
logical form, a plain, concise and direct statement of
(3) That any party shows to the satisfaction of the action.
the ultimate facts on which the party pleading relies
court, within 30 days after the successor takes office,
for his claim or defense, as the case may be, omitting
that there is a substantial need to continue or (2) ANSWER- The pleading where the defendant sets
the statement of mere evidentiary facts. [Sec. 1, Rule
maintain the action; forth his affirmative and/or negative defenses. [Sec.
8]
(4) That the successor adopts or continues his 4, Rule 6]
predecessor’s action, or threatens to do so; and It may be directed toward a complaint, a
PLEADING MOTION
(5) The party or officer affected: counterclaim, a cross-claim, or a third (fourth, etc.)-
Purpose is to submit a Purpose is to apply for
(a) Assented to the substitution, or party complaint.
claim or defense for an order not included
(b) Was given reasonable notice of the application, appropriate judgment in the judgment
and opportunity to be heard KINDS OF DEFENSES [Sec. 5, Rule 6]
May be initiatory Cannot be initiatory;

(1) Negative Defenses - Specific denials of the (b) He shall deny the remainder Need not be answered; Must be answered,
material facts alleged in the pleading of the claimant no default. otherwise, the
essential to his cause of action. (3) Denial by Disavowal of Knowledge – The defendant can be
defendant states that he is without knowledge or declared in default.
(2) Affirmative Defenses - Allegations of new information sufficient to form a belief as to the truth
matters which, while hypothetically admitting the of a material averment; has the effect of a denial COMPULSORY COUNTERCLAIM
material allegations in the claimant’s pleading, [Sec.10, Rule 8] Requisites:
would nevertheless prevent or bar recovery, by way (1) It arises out of, or is necessarily connected with
of confession and avoidance. NEGATIVE PREGNANT - a denial pregnant with the the transaction or occurrence, constituting the
admission of the substantial facts in the pleading subject matter of the opposing party's claim;
A denial does not become specific merely because it responded to which are not squarely denied. It is in (2) It does not require for its adjudication the
is qualified by that word. A general denial will be effect an admission of the averment it is directed to. presence of third parties of whom the court cannot
deemed an admission of the material averments in While it is a denial in form, its substance actually has acquire jurisdiction;
the complaint. [Sec. 11, Rule 8] the effect of an admission because of a too literal (3) It must be cognizable by the regular courts of
denial of the allegation sought to be denied. This justice, and within the court’s jurisdiction both as to
arises when the pleader merely repeats the the amount and the nature. [Sec. 7, Rule 6]
Affirmative defenses may also include grounds
for the dismissal of a complaint, specifically, that allegations in a negative form.
the court has no jurisdiction over the subject A compulsory counterclaim not raised in the
matter, that there is another action pending (2a) DEFAULT same action is barred, unless otherwise allowed
between the same parties for the same cause, or by these Rules
that the action is barred by a prior judgment. (3) COUNTERCLAIM- Any claim which a defending
party may have against an opposing party. [Sec. 6, PERMISSIVE COUNTERCLAIM
Rule 6] It partakes of a claim by the defendant against A counterclaim is permissive if it does not arise out
MODES OF SPECIFIC DENIAL the plaintiff. of, nor is necessarily connected with, the subject
(1) Specific Absolute Denial – Defendant must specify matter of the opposing party’s claim This is not
each material allegation of fact the truth of which he COMPULSORY PERMISSIVE barred even if not set up in the action.
does not admit, and, whenever applicable, set forth COUNTERCLAIM COUNTERCLAIM Must have independent jurisdictional ground. Hence,
the substance of matters relied upon to support the Arises out of or is Neither arises out of the filing of a separate docket fee.
denial necessarily connected nor is necessarily
with the transaction or connected with such COMPULSORY PERMISSIVE
(2) Partial Specific Denial - If pleader decides to deny occurrence that is the subject matter Contained in the May be set up as an
subject matter of the answer, if not set up independent action,
only a part or a qualification of an averment:
opposing party's claim. shall be barred will not be barred
(a) He shall specify so much of it as is true
Barred if not set up in Not barred even if not Not an initiatory Initiatory pleading
and material
the action. set up in the action. pleading

Must be answered by Failure to answer is not The third (fourth, etc.)-party complaint shall be all the new matters alleged in the answer are deemed
the party against a cause for default denied admission, and the court shall require the controverted or denied.
whom it is interposed; defendant to institute a separate action, where:
otherwise in default (a) the third (fourth, etc.)- party defendant cannot All new matters alleged in the answer are deemed
be located within thirty (30) calendar days from controverted. If the plaintiff wishes to interpose
the grant of such leave; (b) matters extraneous to any claims arising out of the new matters so
(4) CROSS-CLAIM the issue in the principal case are raised; or (c) the alleged, such claims shall be set forth in an
Any claim by one party against a co-party arising out effect would be to introduce a new and separate amended or supplemental complaint. However,
of the transaction or occurrence that is the subject controversy into the action. the plaintiff may file a reply only if the defending
matter either of the original action or of a party attaches an actionable document to his or
counterclaim therein. A cross-claim is asserted by a (6) COMPLAINT-IN-INTERVENTION her answer.
defending party against a co-defending party so that Intervention is a remedy by which a third party, not
the latter may be held liable for the claim which the originally impleaded in a proceeding, becomes a A reply is a pleading, the office or function of
claimant seeks to recover from the cross-claimant. litigant therein to enable him to protect or preserve which is to deny, or allege facts in denial or
avoidance of new matters alleged in, or relating
a right or interest which may be affected by such
to, said actionable document.
A cross-claim is generally compulsory. A cross-claim proceeding.
not set up shall be barred.
In the event of an actionable document attached
Requisites: to the reply, the defendant may file a rejoinder if
Such cross-claim may cover all or part of the a) A legal interest in the matter in litigation; or the same is based solely on an actionable
original claim. b) A legal interest in the success of any of the document
parties; or
(5) THIRD (FOURTH, ETC.)-PARTY COMPLAINT c) An interest against both parties; or (8) COUNTER-COUNTERCLAIMS [SEC. 9, RULE 6]
It is a claim that a defending party may, with leave of d) When he is so situated as to be adversely A claim asserted against an original counterclaimant.
court, file against a person not a party to the action, affected by a distribution or disposition of
for contribution, indemnity, subrogation, or any other property in the custody of the court or an (9) COUNTER-CROSSCLAIMS [SEC. 9, RULE 6]
relief, in respect of his opponent's claim. officer thereof. A claim filed against an original cross claimant.
Cross-claim Counterclaim 3rd Party (7) REPLY [SEC. 2, RULE 6] COMPLAINT

Complaint The defenses of a party are alleged in the answer to The complaint is the pleading alleging the plaintiff's
Against a co- Against an Against a the pleading asserting a claim against him. cause or causes of action. The names and residences
party opposing person not a of the plaintiff and defendant must be stated in the
party party to the As a rule, the filing of a reply to the answer is not complaint. (Rule 6, Sec. 3)
action mandatory and will not have an adverse effect on the
plaintiff. However, if a party does not file such reply

Every pleading shall contain in a methodical and It must not allege conclusions but must (b) The signature of counsel constitutes a
logical form, a plain, concise and direct statement of only aver facts because conclusions are for certificate by him or her that he or she has read
the ultimate facts on which the party pleading relies courts to make. the pleading and document; that to the best of
for his claim or defense, as the case may be, omitting his or her knowledge, information, and belief,
the statement of mere evidentiary facts. (1) Ultimate facts are those facts essential to a formed after an inquiry reasonable under the
party’s cause of action or defense, or such circumstances:
If a defense relied on is based on law, the pertinent facts as are so essential that they cannot be (1) It is not being presented for any improper
provisions thereof and their applicability to him shall stricken out without leaving the statement purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of
be clearly and concisely stated. (Rule 8, Sec. 1) of the cause of action inadequate.
litigation;
(2) The claims, defenses, and other legal
Rule 7 5. RELIEF
contentions are warranted by existing law or
PARTS AND CONTENTS OF A PLEADING Otherwise known as the “prayer.” It is a
jurisprudence, or by a non-frivolous argument
settled rule that a court cannot grant a for extending, modifying, or reversing existing
1. CAPTION OF THE PLEADING relief not prayed for in the pleadings or in jurisprudence;
a) Name of the court excess of that being sought. (3) The factual contentions have evidentiary
b) Title of the action support or, if specifically so identified, will likely
c) Docket number (Sec 1) However, the same rule allows a pleader to have evidentiary support after availment of the
include a “general prayer for such further modes of discovery under these rules; and
or other relief as may be deemed just or (4) The denials of factual contentions are
2. TITLE OF THE ACTION
equitable.” (Sec 2) warranted on the evidence or, if specifically so
Contains the name of the parties whose
identified, are reasonably based on belief or a
participation in the case shall be indicated
lack of information.
as either plaintiff or defendant. 6. SIGNATURE AND ADDRESS
(c) If the court determines, on motion or motu
Every pleading must be signed by the
proprio and after notice and hearing, that this
3. BODY OF THE PLEADING plaintiff or counsel representing him
rule has been violated, it may impose an
Sets forth: stating in either case his address. appropriate sanction or refer such violation to
a) the designation the proper office for disciplinary action, on any
b) allegations of the party’s claims or An unsigned pleading produces no legal attorney, law firm, or party that violated the rule,
defenses effect. or is responsible for the violation. Absent
c) relief prayed for exceptional circumstances, a law firm shall be
d) date of the pleading (Sec 2) Section 3. Signature and address. — (a) Every held jointly and severally liable for a violation
pleading and other written submissions to the committed by its partner, associate, or
court must be signed by the party or counsel employee. The sanction may include, but shall
4. ALLEGATIONS OF ULTIMATE FACTS
representing him or her. not be limited to, non-monetary directive or
sanction; an order to pay a penalty in court; or, if
imposed on motion and warranted for effective

deterrence, an order directing payment to the (c) if he should thereafter learn that the same or
movant of part or all of the reasonable attorney’s 7. VERIFICATION similar action or claim has been filed or is pending,
fees and other expenses directly resulting from Except when otherwise specifically required by law he shall report that fact within five (5) days
the violation, including attorney’s fees for the or rule, pleadings need not be under oath, verified therefrom to the court wherein his aforesaid
filing of the motion for sanction. The lawyer or or accompanied by affidavit .(5a) complaint or initiatory pleading has been filed.
law firm cannot pass on the monetary penalty to (Sec 5)
the client. (3a) A pleading is verified by an affidavit that the affiant
Section 4. Verification. — Except when has read the pleading and that the allegations Rule 8
otherwise specifically required by law or rule, therein are true and correct of his knowledge and
pleadings need not be under oath or verified. belief.
MANNER OF MAKING ALLEGATIONS IN
A pleading is verified by an affidavit of an affiant A pleading required to be verified which contains PLEADINGS
duly authorized to sign said verification. The a verification based on "information and belief", or Section 12. Affirmative defenses. — (a) A
authorization of the affiant to act on behalf of a upon "knowledge, information and belief", or lacks defendant shall raise his or her affirmative
party, whether in the form of a secretary’s a proper verification, shall be treated as an defenses in his or her answer, which shall be
certificate or a special power of attorney, should unsigned pleading.
limited to the reasons set forth under Section 5(b),
be attached to the pleading, and shall allege the Rule 6, and the following grounds:
following attestations: A pleading required to be verified but lacks the 1. That the court has no jurisdiction over the
(a) The allegations in the pleading are true and proper verification shall be treated as an unsigned person of the defending party;
correct based on his or her personal knowledge, pleading. 2. That venue is improperly laid;
or based on authentic documents; 3. That the plaintiff has no legal capacity to sue;
(b) The pleading is not filed to harass, cause 4. That the pleading asserting the claim states no
8. CERTIFICATION AGAINST FORUM
unnecessary delay, or needlessly increase the cause of action; and
SHOPPING
cost of litigation; and 5. That a condition precedent for filing the claim
The plaintiff or principal party shall certify under
(c) The factual allegations therein have has not been complied with.
oath in the complaint or other initiatory pleading
evidentiary support or, if specifically so (b) Failure to raise the affirmative defenses at the
asserting a claim for relief, or in a sworn
identified, will likewise have evidentiary support earliest opportunity shall constitute a waiver
certification annexed thereto and simultaneously
after a reasonable opportunity for discovery. thereof.
filed therewith:
(a) that he has not theretofore commenced any (c) The court shall motu proprio resolve the above
The signature of the affiant shall further serve as affirmative defenses within thirty (30) calendar
action or filed any claim involving the same issues
a certification of the truthfulness of the days from the filing of the answer.
in any court, tribunal or quasi-judicial agency and,
allegations in the pleading. (d) As to the other affirmative defenses under the
to the best of his knowledge, no such other action
A pleading required to be verified that contains first paragraph of Section 5(b), Rule 6, the court
or claim is pending therein;
a verification based on “information and belief,” may conduct a summary hearing within fifteen
(b) if there is such other pending action or claim, a
or upon “knowledge, information and belief,” or (15) calendar days from the filing of the answer.
complete statement of the present status thereof;
lacks a proper verification, shall be treated as an Such affirmative defenses shall be resolved by the
and
unsigned pleading. (4a)

court within thirty (30) calendar days from the FORM 1. MATTER OF RIGHT
termination of the summary hearing. When any pleading is amended, a new copy of the A party may amend his pleading once as a
(e) Affirmative defenses, if denied, shall not be the entire pleading, incorporating the amendments, matter of right at any time before a responsive
subject of a motion for reconsideration or petition which shall be indicated by appropriate marks, shall pleading is served or, in the case of a reply, at any
for certiorari, prohibition or mandamus, but may be filed (Rule 10, Sec. 7) time within ten (10) days after it is served. (2a) (Rule
be among the matters to be raised on appeal 10, Sec. 2)
after a judgment on the merits. EFFECT Alpine Lending Investors vs. Corpuz, G.R. No.
An amended pleading supersedes the pleading that 157107, November 24, 2006
Rule 10 it amends. However, admissions in superseded
pleadings may be received in evidence against the As no responsive pleading had been filed,
pleader, and claims or defenses alleged therein not respondent could amend her complaint in Civil
AMENDED AND SUPPLEMENTAL PLEADINGS Case No. C-20124 as a matter of right. Following
incorporated in the amended pleading shall be
Pleadings may be amended by adding or striking this Court’s ruling in Breslin v. Luzon Stevedoring
deemed waived. (Rule 10, Sec. 8)
out an allegation or the name of any party, or by Co. (1949), considering that respondent has the
correcting a mistake in the name of a party or a right to amend her complaint, it is the correlative
KINDS
mistaken or inadequate allegation or description in duty of the trial court to accept the amended
 FORMAL AMENDMENTS (Rule 10, Sec. complaint; otherwise, mandamus would lie
any other respect, so that the actual merits of the
4) against it. In other words, the trial court’s duty to
controversy may speedily be determined, without
Godinez vs. Court of Appeals, G.R. No. 154330, admit the amended complaint was purely
regard to technicalities, and in the most expeditious
February 15, 2007 ministerial. In fact, respondent should not have
and inexpensive manner. (Rule 10, Sec. 1)
filed a motion to admit her amended complaint. It
Here, the amendment of respondent’s complaint has always been the policy of this Court to be
LIBERALITY at the instance of the trial court merely involves liberal in allowing amendments to pleadings in
Barfel Devt. Corp. vs. CA, 223 SCRA 268 (1993) the designation of respondent as a proper party, order that the real controversies between or
i.e., whether it has a juridical personality and, among the parties may be presented and cases be
The amendment sought by private respondents, therefore, can sue or be sued. We note that when decided on the merits without delay.
which is to include a new party defendant at a late respondent amended its complaint by attaching
stage in the proceeding is not a formal but a the required supporting documents, such 2. MATTER OF DISCRETION
substantial one. Private respondents will have to amendment did not change its cause of action. Except as provided in the next preceding section,
present additional evidence on the PISO second Nor was its action intended to prejudice
substantial amendments may be made only upon
mortgage. The effect would be to start trial anew petitioners. Verily, the Court of Appeals correctly
with the parties recasting their theories of the leave of court. But such leave may be refused if it
ruled that the RTC did not gravely abuse its
case. The correct amount of the second mortgage appears to the court that the motion was made with
discretion when it ordered the amendment of the
owed by petitioners to PISO bank (apparently a complaint. intent to delay. Orders of the court upon the matters
controverted point), would have to be litigated provided in this section shall be made upon motion
and this could be time consuming.  SUBSTANTIAL AMENDMENTS filed in court, and after notice to the adverse party,
and an opportunity to be heard. (Rule 10, Sec. 3)

3. TO CONFORM TO EVIDENCE definiteness or particularity in the complaint as to the same is a matter of defense which shall have
When issues not raised by the pleadings are tried enable a party to properly prepare his responsive its proper place during the trial on the merits, and
with the express or implied consent of the parties pleading on the determination of the liability of defendant-
they shall be treated in all respects as if they had been movant after the trial proper.” This is absurd, for
raised in the pleadings. Such amendment of the OFFICE AND PURPOSE how may the petitioner set up a defense at the
pleadings as may be necessary to cause them to time of trial if in his own answer he was not able
Virata vs. Sandiganbayan, 221 SCRA 52 (1993)
to plead such a defense precisely because of the
conform to the evidence and to raise these issues
vagueness or indefiniteness of the allegations in
may be made upon motion of any party at any time, The proper preparation of an intelligent answer
the complaint?
even after judgment; but failure to amend does not requires information as to the precise nature,
effect the result of the trial of these issues. If evidence character, scope and extent of the cause of action
in order that the pleader may be able to squarely WHAT IS BEYOND ITS SCOPE
is objected to at the trial on the ground that it is not
meet the issues raised, thereby circumscribing Tan vs. Sandiganbayan, 180 SCRA 34 (1989)
within the issues made by the pleadings, the court
them within determined confines and preventing The complaint for which a bill for a more definite
may allow the pleadings to be amended and shall do statement is sought, need only inform the
surprises during the trial, and in order that he may
so with liberality if the presentation of the merits of defendant of the essential (or ultimate) facts to
set forth his defenses which may not be so readily
the action and the ends of substantial justice will be availed of if the allegations controverted are enable him, the defendant, to prepare an
subserved thereby. The court may grant a vague, indefinite, uncertain or are mere general intelligent answer. As we indicated, its primary
continuance to enable the amendment to be made. conclusions. The latter task assumes added objective is to apprise the adverse party of what
(Rule 10, Sec. 5) significance because defenses not pleaded (save the plaintiff wants—to preclude the latter from
those excepted in Section 2, Rule 9 of the Revised springing a surprise attack later. Any more
EFFECT OF AMENDED PLEADING Rules of Court and, whenever appropriate, the “particulars”, in that event, would be evidentiary in
(1) An amended pleading supersedes the pleading defense of prescription) in a motion to dismiss or character, which must be adduced at the trial
in the answer are deemed waived. It was, proper.
that it amends
(2) Admissions in the superseded pleading can still be therefore, grave error for the Sandiganbayan to
state that “[a]lleging the specific nature, character, It is not the office of a bill of particulars to supply
received in evidence against the pleader (as
time and extent of the phrase ‘active material allegations necessary to the validity of a
extrajudicial admissions)
collaboration’ would be a mere surplusage and pleading, or to change a cause of action or
(3) Claims or defenses alleged therein but not defense stated in the pleading, or to state a cause
would not serve any useful purpose” for precisely,
incorporated or reiterated in the amended pleading of action or defense other than the one stated.
without any amplification or particularization
are deemed waived thereof, the petitioner would be hard put in
meeting the charges squarely and in pleading INTERVENTION
Rule 12 appropriate defenses. Nor can We accept the Section 1. Who may intervene. — A person who
public respondent’s postulation that “any has a legal interest in the matter in litigation, or in
question as to the validity or legality of the the success of either of the parties, or an interest
BILL OF PARTICULARS/INTERVENTION
transactions involved in the charges against against both, or is so situated as to be adversely
Bill of Particulars is a detailed explanation respecting defendant-movant is irrelevant and immaterial in affected by a distribution or other disposition of
any matter which is not averred with sufficient the resolution of the instant incident, inasmuch as property in the custody of the court or of an

officer thereof may, with leave of court, be allowed subject matter in litigation.” It is not an rule of procedure whose object is to make the
to intervene in the action. The court shall consider independent proceeding, but an ancillary and powers of the court fully and completely available
whether or not the intervention will unduly delay supplemental one which, in the nature of things, for justice. Its purpose is not to hinder or delay but
or prejudice the adjudication of the rights of the unless otherwise provided for by statute or Rules to facilitate and promote the administration of
original parties, and whether or not the of Court, must be in subordination to the main justice. Thus, interventions have been allowed
intervenor's rights may be fully protected in a proceeding. It may be laid down as a general rule even beyond the prescribed period in the Rule in
separate proceeding. (2[a], [b]a, R12) that an intervenor is limited to the field of the higher interest of justice. Interventions have
litigation open to the original parties. In the case been granted to afford indispensable parties, who
Section 2. Time to intervene. — The motion to at bar, there is no more principal action to be have not been impleaded, the right to be heard
intervene may be filed at any time before resolved as a writ of execution had already been even after a decision has been rendered by the
rendition of judgment by the trial court. A copy of issued by the lower court and the claim of trial court, when the petition for review of the
the pleading-in-intervention shall be attached to Equitable had already been satisfied. The decision judgment was already submitted for decision
the motion and served on the original parties. (n) of the lower court had already become final and before the Supreme Court, and even where the
in fact had already been enforced. There is assailed order has already become final and
Section 3. Pleadings-in-intervention. — The therefore no more principal proceeding in which executory. In Lim v. Pacquing (310 Phil. 722
intervenor shall file a complaint-in-intervention if the petitioners may intervene. (1995)], the motion for intervention filed by the
he asserts a claim against either or all of the Republic of the Philippines was allowed by this
original parties, or an answer-in-intervention if he MAY ONLY BE FILED BEFORE JUDGMENT Court to avoid grave injustice and injury and to
unites with the defending party in resisting a claim The motion to intervene may be filed at any time settle once and for all the substantive issues raised
against the latter. (2[c]a, R12) before rendition of judgment by the trial court. (Sec. by the parties.
2)
Section 4. Answer to complaint-in-intervention. — Rule 13
EXCEPTION
The answer to the complaint-in-intervention shall
Strategic Alliance Development Corporation vs.
be filed within fifteen (15) days from notice of the
Radstock Securities Limited, G.R. No. 178158, FILING AND SERVICE OF PLEADINGS,
order admitting the same, unless a different
December 4, 2009 JUDGMENTS AND OTHER PAPERS
period is fixed by the court.
(Rule 19, Secs. 1 to 4)
The rule is not absolute. The rule on intervention, FILING
like all other rules of procedure, is intended to The act of presenting the pleading or other paper to
ANCILLARY TO PENDING ACTION
make the powers of the Court completely the court.
Saw vs. CA, 195 SCRA 740 (1991) available for justice. It is aimed to facilitate a
Intervention is “an act or proceeding by which a comprehensive adjudication of rival claims, SERVICE
third person is permitted to become a party to an overriding technicalities on the timeliness of the The act of providing a party with a copy of the
action or proceeding between other persons, and filing of the claims. This Court has ruled: pleading or paper concerned.
which results merely in the addition of a new party [A]llowance or disallowance of a motion for
or parties to an original action, for the purpose of intervention rests on the sound discretion of the MANNER OF FILING
hearing and determining at the same time all court after consideration of the appropriate a) Personally to the clerk of court or
conflicting claims which may be made to the circumstances. Rule 19 of the Rules of Court is a b) by sending them by registered mail.

In the first case, the clerk of court shall endorse Rule 14 fees, direct the clerk of
on the pleading the date and hour of filing. In the court to issue the
second case, the date of the mailing of motions, SUMMONS Section 5. Issuance of corresponding
pleadings, or any other papers or payments or The writ by which the defendant is notified of the alias summons. — If a summons to the
deposits, as shown by the post office stamp on action brought against him. summons is returned defendants. (1a)
the envelope or the registry receipt, shall be without being served
considered as the date of their filing, payment, or Its purpose is two-fold: on any or all of the Section 5. Service in
deposit in court. The envelope shall be attached a) to acquire jurisdiction over the person of defendants, the server person on defendant.
to the record of the case. the defendant shall also serve a copy — Whenever
b) to notify the defendant that an action has of the return on the practicable, the
MODES OF SERVICE been commenced so that he may be given plaintiff's counsel, summons shall be
an opportunity to be heard on the claim stating the reasons for served by handing a
a) Personally a) personally or against him. the failure of service, copy thereof to the
b) By mail b) by registered within five (5) days defendant in person
mail SUMMONS IN ACTIONS IN PERSONAM therefrom. In such a and informing the
c) accredited The purpose of summons is not only to comply with case, or if the defendant that he or
d) courier due process but also to acquire jurisdiction over the summons has been she is being served, or,
electronic person of the defendant. lost, the clerk, on if he or she refuses to
mail, demand of the receive and sign for it,
e) facsimile SUMMONS IN ACTIONS IN REM AND QUASI IN plaintiff, may issue an by leaving the
transmission, REM alias summons. (4a) summons within the
f) other In these actions, it is the acquisition by the court of view and in the
electronic jurisdiction over the res which principally matters. presence of the
means as may defendant. (6a)
be authorized DUTY TO ISSUE
by the Court, Section 1. Clerk to Section 1. Clerk to FORM
or as issue summons. — issue summons. —
provided for Upon the filing of the Unless the complaint is CONTENT
in complaint and the on its face dismissible (1) Summons shall be:
international payment of the under Section 1, Rule (a) Directed to the defendant
conventions requisite legal fees, the 9, the court shall, (b) Signed by clerk of court under seal
to which the clerk of court shall within five (5) calendar (2) Summons shall contain:
Philippines is forthwith issue the days from receipt of (a) The name of the court, and the names
a party. corresponding the initiatory pleading of the parties to the action;
summons to the and proof of payment (b) A direction that the defendant answer
defendants. (1a) of the requisite legal within the time fixed by the Rules; and

(c) A notice that unless the defendant so b) managing partner other officer or officers as the law or the court may
answers, plaintiff will take judgment by default and c) general manager direct. (Sec. 13)
may be granted the relief applied for. d) corporate secretary
(3) The following shall be attached to the original e) treasurer, or PRISONERS
and each copy of the summons: f) in-house counsel. (Sec. 11) When the defendant is a prisoner confined in a jail
(a) A copy of the complaint; and or institution, service shall be effected upon him
(b) An order for appointment of guardian LIST EXCLUSIVE by the officer having the management of such jail
ad litem (if any) E.B. Villarosa & Partner Co., Ltd. vs. Benito, 312 or institution who is deemed deputized as a
SCRA 65 (1999) special sheriff for said purpose. (Sec. 9)
WHO SERVES Service of summons upon persons other than
(1) The sheriff those mentioned in Section 13 of Rule 14 (old rule) MINORS, INSANE, INCOMPETENTS
(2) His deputy has been held as improper. Even under the old When the defendant is a minor, insane or
(3) Other proper court officer rule, service upon a general manager of a firm’s otherwise an incompetent, service shall be made
(4) Any suitable person authorized by the court, for branch office has been held as improper as upon him personally and on his legal guardian if
justifiable reasons. [Sec. 3, Rule 14] summons should have been served at the firm’s he has one, or if none his guardian ad litem whose
principal office. In First Integrated Bonding & Ins. appointment shall be applied for by the plaintiff.
ON WHOM Co., Inc. vs. Dizon, it was held that the service of In the case of a minor, service may also be made
summons on the general manager of the on his father or mother. (Sec. 10)
IN GENERAL insurance firm’s Cebu branch was improper;
Defendant default order could have been obviated had the UNKNOWN DEFENDANT OR WHEREABOUTS
summons been served at the firm’s principal UNKNOWN
ENTITY WITHOUT JURIDICAL PERSONALITY office. Service may, by leave of court, be effected upon
Service may be effected upon all the defendants him by publication in a newspaper of general
by serving upon any one of them, or upon the FOREIGN JURIDICAL ENTITY circulation and in such places and for such time as
person in charge of the office or place of business Service may be made on its resident agent the court may order. (Sec. 14)
maintained in such name. But such service shall designated in accordance with law for that *whether in rem, quasi in rem or in personam
not bind individually any person whose purpose, or, if there be no such agent, on the
connection with the entity has, upon due notice, government official designated by law to that RESIDENTS TEMPORARILY OUT OF THE
been severed before the action was brought. (Sec. effect, or on any of its officers or agents within the COUNTRY
8) Philippines. (Sec. 12)
NON-RESIDENT
ASSOCIATIONS DOMESTIC PUBLIC CORPORATION When the defendant does not reside and is not
When the defendant is a corporation, partnership When the defendant is the Republic of the found in the Philippines, and the action affects the
or association organized under the laws of the Philippines, service may be effected on the personal status of the plaintiff or relates to, or the
Philippines with a juridical personality, service may Solicitor General; in case of a province, city or subject of which is, property within the Philippines,
be made on: municipality, or like public corporations, service in which the defendant has or claims a lien or
a) the president may be effected on its executive head, or on such interest, actual or contingent, or in which the relief

demanded consists, wholly or in part, in excluding suitable age and discretion then residing therein, service be such as may be reasonably expected to
the defendant from any interest therein, or the or give the desired notice to the party of the claim
property of the defendant has been attached (b) By leaving the copies at defendant's office or against him.”
within the Philippines, service may, by leave of regular place of business with some competent
court, be effected out of the Philippines by person in charge thereof. (Sec. 7) PRESUMPTION OF REGULARITY IN THE
personal service as under section 6; or by PERFORMANCE OF OFFICIAL FUNCTIONS DOES
publication in a newspaper of general circulation IMPOSSIBILITY OF PROMPT SERVICE MUST NOT APPLY
in such places and for such time as the court may APPEAR IN THE RETURN OF THE SERVICE Pascual vs. Pascual, G.R. No. 171916, December 4,
order, in which case a copy of the summons and Spouses Galura vs. Math-Agro Corporation, G.R. 2009
order of the court shall be sent by registered mail No. 167230, August 14, 2009 As in Jose v. Boyon, 414 SCRA 216 (2003) this
to the last known address of the defendant, or in Court ruled that: The Return of Summons shows
any other manner the court may deem sufficient. Whenever practicable, the summons must be no effort was actually exerted and no positive step
Any order granting such leave shall specify a served on the defendant in person. Substituted taken by either the process server or petitioners to
reasonable time, which shall not be less than sixty service may be resorted to only when service of locate and serve the summons personally on
(60) days after notice, within which the defendant summons within a reasonable time is impossible. respondents. At best, the Return merely states the
must answer. (Sec. 15) Impossibility of prompt service should appear in alleged whereabouts of respondents without
*in rem, quasi in rem the return of service—the efforts exerted to find indicating that such information was verified from
the defendant and the fact that such efforts failed a person who had knowledge thereof. Certainly,
MODES OF SERVICE must be stated in the return of service. without specifying the details of the attendant
circumstances or of the efforts exerted to serve the
1. SERVICE IN PERSON ON Impossibility of prompt service should be shown summons, a general statement that such efforts
DEFENDANT by stating the efforts made to find the defendant were made will not suffice for purposes of
Whenever practicable, the summons shall be personally and the fact that such efforts failed. This complying with the rules of substituted service of
served by handling a copy thereof to the statement should be made in the proof of service. summons.
defendant in person, or, if he refuses to receive This is necessary because substituted service is in
and sign for it, by tendering it to him. (Sec. 6) derogation of the usual method of service. It has In the absence of even the barest compliance with
been held that this method of service is “in the procedure for a substituted service of
Only if service in person cannot be made promptly derogation of the common law; it is a method summons outlined in the Rules of Court, the
can the process server resort to substituted service. extraordinary in character, and hence may be used presumption of regularity in the performance of
only as prescribed and in the circumstances public functions does not apply.
2. SUBSTITUTED SERVICE OF authorized by statute.” Thus, under the controlling
SUMMONS decisions, the statutory requirements of EXCEPTION - THE ABSENCE IN THE SHERIFF’S
If, for justifiable causes, the defendant cannot be substituted service must be followed strictly, RETURN OF A STATEMENT ABOUT THE
served within a reasonable time as provided in the faithfully and fully, and any substituted service IMPOSSIBILITY OF
preceding section, service may be effected: other than that authorized by the statute is PERSONAL SERVICE DOES NOT CONCLUSIVELY
(a) by leaving copies of the summons at the considered ineffective. Indeed, the constitutional PROVE THAT THE SERVICE IS INVALID (LIBERAL
defendant's residence with some person of requirement of due process requires that the RULE)

Mapa vs. CA, 214 SCRA 417 (1993) should not unduly prejudice the plaintiff if what In this case, records show that respondent, in its
While the separate Sheriff’s returns indicate that was undisclosed was in fact done. special appearance, precisely questioned the
the summonses in both cases were served on 10 jurisdiction of the trial court on the ground of
November 1982, these returns do not show that EFFECT OF RECEIPT BY SECURITY GUARD invalid service of summons. Thus, it cannot be
prior attempts at personal service were made by INDIVIDUAL DEFENDANT deemed to have submitted to said court’s
the Sheriff and that such attempts had failed, Robinson vs. Miralles, G.R. No. 163584, December authority.
prompting the latter to resort to substituted. 12, 2006
In his Return, Sheriff Potente declared that he was 3. SUMMONS BY PUBLICATION
The sheriff’s returns in Civil Cases Nos. 142400 and refused entry by the security guard in Alabang When any action is commenced against a
82-13465 are patently wanting in particulars that Hills twice. The latter informed him that petitioner defendant who ordinarily resides within the
would justify the substituted service.—As earlier prohibits him from allowing anybody to proceed Philippines, but who is temporarily out of it,
adverted to, the sheriff’s returns in Civil Cases Nos. to her residence whenever she is out. Obviously, it service may, by leave of court, be also effected out
142400 and 82-13465 are patently wanting in was impossible for the sheriff to effect personal or of the Philippines, as under the preceding section.
particulars that would justify the substituted substituted service of summons upon petitioner. (Sec. 14)
service. Accordingly, it is fatally flawed and We note that she failed to controvert the sheriff’s
defective; on that basis alone, therefore, the trial declaration. Nor did she deny having received the EXTRATERRITORIAL (Secs. 15,16)
court acquired no jurisdiction over the person of summons through the security guard. Considering Valmonte vs. CA, 252 SCRA 92 (1996)
the petitioner. her strict instruction to the security guard, she In an action in personam, personal service of
must bear its consequences. Thus, we agree with summons or, if this is not possible and he cannot
The absence in the sheriff’s return of a statement the trial court that summons has been properly be personally served, substituted service, as
about the impossibility of personal service does served upon petitioner and that it has acquired provided in Rule 14, Sec 7-8 is essential for the
not conclusively prove that the service is invalid.— jurisdiction over her. acquisition by the court of jurisdiction over the
It must nevertheless be emphasized that the person of a defendant who does not voluntarily
absence in the sheriff’s return of a statement DEFENDANT CORPORATION submit himself to the authority of the court. If
about the impossibility of personal service does Orion Security Corporation vs. Kalfam Enterprises, defendant cannot be served with summons
not conclusively prove that the service is invalid. Inc., G.R. No, 163287, April 27, 2007 because he is temporarily abroad, but otherwise
Proof of prior attempts at personal service may be he is a Philippine resident, service of summons
submitted by the plaintiff during the hearing of Here, petitioner failed to show that the security may, by leave of court, be made by publication.
any incident assailing the validity of the guard who received the summons in respondent’s Otherwise stated, a resident defendant in an
substituted service. While the sheriff’s return behalf shared such relation of confidence that action in personam, who cannot be personally
carries with it the presumption, albeit disputable, respondent would surely receive the summons. served with summons, may be summoned either
of regularity in the sense that inter alia, the entries Hence, we are unable to accept petitioner’s by means of substituted service in accordance with
therein are deemed correct, it does not necessarily contention that service on the security guard Rule 14, Sec 8 or by publication as provided in Sec
follow that an act done in relation to the official constituted substantial compliance with the 17 and 18 of the same Rule.
duty for which the return is made was not done requirements of substituted service.
simply because it is not disclosed therein. Besides, Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading
the sheriff’s neglect in making such a disclosure Corporation, G.R. No. 172242

Under Section 15, Rule 14 of the 1997 Revised form, without expressly objecting to the PROOF OF SERVICE (Sec. 18)
Rules of Civil Procedure, there are only four jurisdiction of the court over the person, is a Proof service shall be made in writing, and shall
instances wherein a defendant who is a non- submission to the jurisdiction of the court over the state
resident and is not found in the country may be person. While the formal method of entering an (1) the manner, place, date of service;
served with summons by extraterritorial service, to appearance in a cause pending in the courts is to (2) any papers which served with the process;
wit: deliver to the clerk a written direction ordering and
(1) when the action affects the personal status of him to enter the appearance of the person who (3) the name of the person who received the same.
the plaintiff; subscribes it, an appearance may be made by Proof of service shall be sworn to when made by a
(2) when the action relates to, or the subject of simply filing a formal motion, or plea or answer. person, other than the sheriff or his, deputy.
which is property, within the Philippines, in which This formal method of appearance is not
the defendant claims a lien or an interest, actual or necessary. He may appear without such formal If effected by publication, proof of service
contingent; appearance and thus submit himself to the shall be by:
(3) when the relief demanded in such action jurisdiction of the court. He may appear by (1) The affidavit of the printer, his foreman, or
consists, wholly or in part, in excluding the presenting a motion, for example, and unless by principal clerk; or of the editor, business or
defendant from any interest in property located in such appearance he specifically objects to the advertising manager
the Philippines; and jurisdiction of the court, he thereby gives his (2) A copy of the publication; and
(4) when the defendant non-resident’s property assent to the jurisdiction of the court over his (3) An affidavit showing the deposit in the post
has been attached within the Philippines. In these person. office, with postage prepaid, directed for
instances, service of summons may be effected by registered mail to the last known address of the
(a) personal service out of the country, with leave RETURN OF SERVICE (Sec. 4) defendant of:
of court; When the service has been completed, the server (a) A copy of the summons; and
(b) publication, also with leave of court; or shall, within five (5) days therefrom, serve a copy (b) The order of publication
(c) any other manner the court may deem of the return, personally or by registered mail, to
sufficient. Undoubtedly, extraterritorial service of the plaintiff's counsel, and shall return the Rule 15
summons applies only where the action is in rem summons to the clerk, who issued it, accompanied
or quasi in rem, but not if an action is in personam. by proof of service.
MOTIONS
VOLUNTARY APPEARANCE (Sec. 20) ALIAS SUMMONS (Sec. 5) A motion is any application for relief other than by a
Cezar vs. Ricafort-Bautista, G.R. No. 136415, Upon plaintiff’s demand, the clerk may issue an pleading
October 31, 2006 alias summons if either:
We still hold that jurisdiction was validly acquired FORM
by the trial court. Although the substituted service (1) Summons is returned without being served on All motions shall be in A motion made in
upon him of summons was defective, said defect any/all of the defendants. writing except those open court or in the
was cured by his voluntary appearance. (2) Summons was lost. The server shall also serve made in open court or in course of a hearing
a copy of the return on the plaintiff's counsel the course of a hearing or trial should
A voluntary appearance is a waiver of the necessity within 5 days therefrom, stating the reasons for or trial. (Sec. 2) immediately be
of a formal notice. An appearance in whatever the failure of service resolved in open

court, after the (a) Motion to dismiss except on the following motion unless accompanied by the original
adverse party is grounds: receipt. (Sec 12)
given the 1) That the court has no jurisdiction
opportunity to argue over the subject matter of the claim; CONTENTS
his or her opposition 2) That there is another action pending
A motion shall state:
thereto. between the same parties for the same
a) the relief sought to be obtained and
When a motion is cause; and
b) the grounds upon which it is based,
based on facts not 3) That the cause of action is barred by
and
appearing on record, a prior judgment or by the statute of
c) if required by these Rules or necessary
the court may hear limitations;
to prove facts alleged therein, shall be
the matter on (b) Motion to hear affirmative defenses;
accompanied by supporting affidavits
affidavits or (c) Motion for reconsideration of the court’s
and other papers. (Sec. 3)
depositions action on the affirmative defenses;
presented by the (d) Motion to suspend proceedings without a
OMNIBUS MOTION RULE
respective parties, temporary restraining order or
but the court may injunction issued by a higher court; A motion attacking a pleading, order, judgment,
direct that the matter (e) Motion for extension of time to file pleadings, or proceeding must include all objections then
be heard wholly or affidavits or any other papers, available. All objections not included in the
partly on oral except a motion for extension to file an answer motion are deemed waived. [Sec. 8, Rule 15]
testimony or as provided by Section 11, Rule 11; and
depositions. (f) Motion for postponement intended for delay, Purpose: To require the movant to raise all
except if it is based on acts of God, force available exceptions for relief during a single
majeure or physical inability of the witness to opportunity so that multiple and piece-meal
GENERALLY objections may be avoided
appear and testify.
The Rules applicable to pleadings shall apply to
written motions so far as concerns caption, EXCEPTIONS
If the motion is granted based on such
designation, signature, and other matters of form.
exceptions, the moving party shall be warned Exception:
(Sec. 10)
that the presentation of its evidence must still be (1) Lack of jurisdiction over subject matter
terminated on the dates previously agreed upon. (2) Litis pendentia
MOTION FOR LEAVE (3) Res judicata
A motion for postponement, whether written or
A motion for leave to file a pleading or motion oral, shall, at all times, be accompanied by the (4) Prescription [Sec. 8, Rule 15; Sec. 1, Rule 9]
shall be accompanied by the pleading or motion original official receipt from the office of the
sought to be admitted. (Sec 9) clerk of court evidencing payment of the NOTICE OF HEARING
postponement fee under Section 21(b), Rule 141, Notice shall be addressed to all parties, and shall
PROHIBITED MOTIONS to be submitted either at the time of the filing of specify the time and date of the hearing which
The following motions shall not be allowed: said motion or not later than the next hearing shall not be later than 10 days from the filing of
date. The clerk of court shall not accept the the motion. [Sec. 5, Rule 15]

to appeal, and upon the expiration of the 15-day 4 and 5 of Rule 15 of the Rules of Court is
Motion and notice of hearing must be served at period, the questioned order or decision becomes considered a worthless piece of paper, which the
least 3 days before the date of hearing; [Sec. 4, final and executory. The rationale behind this rule clerk of court has no right to receive and the trial
Rule 15] is plain: unless the movant sets the time and place court has no authority to act upon. Service of a
of hearing, the court will be unable to determine copy of a motion containing a notice of the time
GENERAL RULE: WITHOUT COMPLIANCE – whether the adverse party agrees or objects to the and the place of hearing of that motion is a
SCRAP OF PAPER motion, and if he objects, to hear him on his mandatory requirement, and the failure of
Sps. Rustia vs. Rivera, G.R. No. 156903, November objection, since the rules themselves do not fix any movants to comply with these requirements
24, 2006 period within which he may file his reply or renders their motions fatally defective. However,
Section 4 lays the general rule that all written opposition. there are exceptions to the strict application of this
motions shall be set for hearing by the movant, rule. These exceptions are as follows: “x x x Liberal
except the non-litigated motions or those which What the petitioner undertook instead was to construction of this rule has been allowed by this
may be acted upon by the court without pursue the notice of appeal, despite the Court in cases (1) where a rigid application will
prejudicing the rights of the adverse party. These unequivocal statement in the MTC Order of 23 result in a manifest failure or miscarriage of justice;
ex parte motions include a motion for extension of February 1998 that “the Judgment [sought to be especially if a party successfully shows that the
time to file pleadings, motion for extension of time reconsidered] has now become final and alleged defect in the questioned final and
to file an answer, and a motion for extension of executory.” The Rules mandate that an appeal by executory judgment is not apparent on its face or
time to file a record on appeal. In Manila Surety notice of appeal is deemed perfected upon the from the recitals contained therein; (2) where the
and Fidelity Co., Inc. v. Bath Construction and filing of the notice of appeal in due time, due time interest of substantial justice will be served; (3)
Company, we ruled that a notice of time and place being within fifteen (15) days after notice to the where the resolution of the motion is addressed
of hearing is mandatory for motions for new trial appellant of the judgment or final order appealed solely to the sound and judicious discretion of the
or motion for reconsideration, as in this case. from. While the period of appeal shall be court; and (4) where the injustice to the adverse
interrupted by a timely motion for party is not commensurate [to] the degree of his
We thus hold that the Court of Appeals did not err reconsideration, the MTC deemed, with legal thoughtlessness in not complying with the
when it affirmed the RTC ruling that petitioners’ basis, that the motion interposed by petitioner procedure prescribed.”
motion for reconsideration is but a mere scrap of could not have been deemed filed and should
paper because it does not comply with Sections 4 instead be treated as “a mere scrap of paper.” Three (3) options are available to the defendant
and 5, Rule 15. upon receipt of the complaint,
EXCEPTIONS
MOTIONS WHICH MAY BE GRANTED EX PARTE a) Filing of a motion for bill of particulars
DEFECTIVE NOTICE OF HEARING
WHERE ADVERSE PARTY HAD OPPORTUNITY TO b) Filing of a motion to dismiss
Victory Liner, Inc. vs. Malinias., G. R. No. 151170,
OPPOSE c) Filing of an answer to the complaint
May 29, 2007
Not only did the defect render the motion for Vlason Enterprises Corp. vs. CA, 330 SCRA 26
Rule 16
reconsideration itself unworthy of consideration, it (1999)
more crucially failed to toll the period to appeal. A
motion without a notice of hearing is pro forma, a The Court has consistently held that a motion MOTION TO DISMISS – (Provisions either deleted
mere scrap of paper that does not toll the period which does not meet the requirements of Sections or transposed in 2019 Proposed Rules)

(j) That a condition precedent for filing the claim from being raised for the first time on appeal by a
A motion to dismiss is not a pleading. It is merely a has not been complied with. (Sec. 1) litigant whose purpose is to annul everything done
motion. Under the Rules, a motion is an application in a trial in which it has actively participated.
for relief other than by a pleading. LACK OF JURISDICTION
Boticano vs. Chu, 148 SCRA 541 (1987) The ruling in Sibonghanoy on the matter of
FOUR GENERAL TYPES OF MOTION TO DISMISS The question has been answered in the negative jurisdiction is, however, the exception rather than
by the Supreme Court in a long line of decisions. the rule. Estoppel by laches may be invoked to bar
UNDER THE RULES
In fact, one of the circumstances considered by the the issue of lack of jurisdiction only in cases in
1. Motion to dismiss before answer (Rule 16)
Court as indicative of waiver by the defendant- which the factual milieu is analogous to that in the
2. Motion to dismiss by plaintiff (Rule 17)
appellant of any alleged defect of jurisdiction over cited case. In such controversies, laches should be
3. Motion to dismiss on demurrer to evidence after clearly present; that is, lack of jurisdiction must
his person arising from defective or even want of
plaintiff has rested his case under Rule have been raised so belatedly as to warrant the
process, is his failure to raise the question of
33 presumption that the party entitled to assert it had
jurisdiction in the Court of First Instance and at the
4. Motion to dismiss appeal either in RTC (Rule 41, first opportunity. It has been held that upon abandoned or declined to assert it. That
Sec. 13), CA (Rule 50, Sec. 1) or SC general principles, defects in jurisdiction arising Sibonghanoy applies only to exceptional
(Rule 56, Sec. 5) from irregularities in the commencement of the circumstances.
proceedings, defective process or even absence of
GROUNDS process may be waived by a failure to make RES JUDICATA
(a) That the court has no jurisdiction over the seasonable objections. Del Rosario vs Far East Bank and Trust Company,
person of the defending party; G.R. No. 150134, October 31, 2007
(b) That the court has no jurisdiction over the Francel Realty Corp. v. Sycip, G.R. No. 154684, In determining whether causes of action are
subject matter of the claim; September 8, 2005 identical to warrant the application of the rule of
(c) That venue is improperly laid; Petitioner argues that the CA’s affirmation of the res judicata, the test is to ascertain whether the
(d) That the plaintiff has no legal capacity to sue; trial court’s dismissal of its case was erroneous, same evidence which is necessary to sustain the
(e) That there is another action pending between considering that a full-blown trial had already second action would suffice to authorize a
the same parties for the same cause; been conducted. In effect, it contends that lack of recovery in the first even in cases in which the
(f) That the cause of action is barred by a prior jurisdiction could no longer be used as a ground forms or nature of the two actions are different.
judgment or by the statute of limitations; for dismissal after trial had ensued and ended. The Simply stated, if the same facts or evidence would
(g) That the pleading asserting the claim states no above argument is anchored on estoppel by sustain both, the two actions are considered the
cause of action; laches, which has been used quite successfully in a same within the rule that the judgment in the
(h) That the claim or demand set forth in the number of cases to thwart dismissals based on former is a bar to the subsequent action. It bears
plaintiff's pleading has been paid, waived, lack of jurisdiction. Tijam v. Sibong-hanoy, in remembering that a cause of action is the delict or
abandoned, or otherwise extinguished; which this doctrine was espoused, held that a the wrongful act or omission committed by the
(i) That the claim on which the action is founded is party may be barred from questioning a court’s defendant in violation of the primary rights of the
enforceable under the provisions of the statute of jurisdiction after being invoked to secure plaintiff. In the two cases, petitioners imputed to
frauds; and affirmative relief against its opponent. In fine, FEBTC the same alleged wrongful act of
laches prevents the issue of lack of jurisdiction mistakenly receiving and refusing to return an

amount in excess of what was due it in violation of the existence of a cause of action at the outset; this DISMISSAL OF ACTIONS
their right to a refund. The same facts and will have to be done at the trial on the merits of
evidence presented in the first case, Civil Case No. the case. UPON NOTICE BY PLAINTIFF – BEFORE ANSWER
94-1610, were the very same facts and evidence Before service of the answer or of a motion for
that petitioners presented in Civil Case No. 00-540. AS AFFIRMATIVE DEFENSE summary judgment, a complaint may be
If no motion to dismiss has been filed, any of the dismissed by the plaintiff by filing a notice of
FAILURE TO STATE A CAUSE OF ACTION grounds for dismissal provided for in this Rule may dismissal. (Sec. 1)
Heirs of Antonio Santos vs. Heirs of Crispulo be pleaded as an affirmative defense in the answer
Beramo, G.R. No. 151454 August 8, 2010 and, in the discretion of the court, a preliminary O.B. Jovenir Construction and Development Corp.
hearing may be had thereon as if a motion to vs. Macamir Realty and CA, G.R. No. 135803,
When the ground for dismissal is that the dismiss had been filed. (5a) March 26, 2006
complaint states no cause of action under Section An action may be dismissed by the plaintiff
1 (g), Rule 16 of the Rules of Court, such fact must The dismissal of the complaint under this section without order of court by filing a notice of
be determined from the allegations of the shall be without prejudice to the prosecution in dismissal at any time before service of the answer
complaint. In a motion to dismiss, a defendant the same or separate action of a counterclaim or of a motion for summary judgment. Unless
hypothetically admits the truth of the material pleaded in the answer. (n) (Sec. 6) otherwise stated in the notice, the dismissal is
allegations of the plaintiff’s complaint for the without prejudice, except that a notice operates as
purpose of resolving the motion. The general rule EFFECTS an adjudication upon the merits when filed by a
is that the allegations in a complaint are sufficient plaintiff who has once dismissed in a competent
to constitute a cause of action against the a) DENIED court an action based on or including the same
defendant, if, admitting the facts alleged, the court claim. A class suit shall not be dismissed or
Movant shall file his answer within the balance of
can render a valid judgment upon the same in compromised without the approval of the court.
accordance with the prayer therein. To sustain a the period prescribed by Rule 11, unless without
Indubitably, the provision ordained the dismissal
motion to dismiss for lack of cause of action, the jurisdiction, in which case, Rule 65 petition
of the complaint by the plaintiff as a matter of
complaint must show that the claim for relief does right at any time before service of the answer. The
b) GRANTED
not exist. plaintiff was accorded the right to dismiss the
The complaint is dismissed. The plaintiff, then, has complaint without the necessity of alleging in the
Contrary to the contention of petitioners, several options: notice of dismissal any ground nor of making any
respondents did not have to present or append reservation. In Go v. Cruz, the Court, through Chief
proof of their allegations in the complaint to 1. Refile the complaint Justice Narvasa, has recognized that “where the
establish a sufficient cause of action for 2. Appeal from the order of dismissal of an action rests exclusively on the will
reivindicacion and/or reconveyance in their dismissal if dismissal is with of a plaintiff or claimant, to prevent which the
Amended Complaint. The Court has held that in prejudice defending party and even the court itself is
determining whether the allegations of a powerless, requiring in fact no action whatever on
complaint are sufficient to support a cause of Rule 17 the part of the court except the acceptance and
action, it must be borne in mind that the complaint recording of the causative document.”
does not have to establish or allege facts proving

UPON MOTION OF PLAINTIFF – AFTER ANSWER the right of defendants to prosecute the
Except as provided in the preceding section, a counterclaim. DISMISSAL OF COUNTERCLAIMS
complaint shall not be dismissed at the plaintiff's A voluntary dismissal by the claimant by notice of
instance save upon approval of the court and REMEDY OF PLAINTIFF dismissal, shall be made before a responsive
upon such terms and conditions as the court Ko vs. PNB, 479 SCRA 298, January 28, 2006 pleading or a motion for summary judgment is
deems proper. If a counterclaim has been pleaded In every action, the plaintiff is duty-bound to served, or, if there is none, before the introduction
by a defendant prior to the service upon him of prosecute the same with utmost diligence and of evidence at the trial or hearing (Sec. 4)
the plaintiffs motion for dismissal, the dismissal with reasonable dispatch to enable him to obtain
shall be limited to the complaint. The dismissal the relief prayed for and, at the same time, Rule 9
shall be without prejudice to the right of the minimize the clogging of the court dockets. The
DEFAULT- a procedural concept that occurs when
defendant to prosecute his counterclaim in a expeditious disposition of cases is as much the
separate action unless within fifteen (15) days the defending party fails to file his answer within the
duty of the plaintiff as the court. It must be
from notice of the motion he manifests his reglementary period.
remembered that a defendant in a case likewise
preference to have his counterclaim resolved in has the right to the speedy disposition of the
the same action. Unless otherwise specified in the action filed against him considering that any delay Requisites:
order, a dismissal under this paragraph shall be in the proceedings entail prolonged anxiety and a) The court has validly acquired jurisdiction
without prejudice. A class suit shall not be valuable time wasted. In the case at bar, three over the person of the defending party
dismissed or compromised without the approval years have since lapsed from the filing of the either by service of summons or voluntary
of the court. (Sec 2) complaint on May 3, 2002 and the order of appearance
dismissal on April 27, 2005. Petitioners’ failure to b) The claiming party must file a motion to
DUE TO FAULT OF PLAINTIFF prosecute their case and proceed with the trial declare the defending party in default
Grounds: during the span of three years leads to no other c) The claiming party must prove that the
a) The failure of the plaintiff, without conclusion than that petitioners have no interest defending party has failed to answer within
justifiable reasons, to appear on the in seeing their case terminated at the earliest
the period provided by the ROC
date of the presentation of his evidence possible time; or that petitioners’ case is
d) The defending party must be notified of
in chief; unmeritorious from inception. Whichever the case
the motion to declare him in default
b) The failure of the plaintiff to prosecute may be, the dismissal order of the trial court stand
and is now immutable. e) There must be a hearing of the motion to
declare the defending party in default
EFFECT ON COUNTERCLAIM
Pinga vs. Santiago, G.R. No. 170354, June 30, Considering that an order of dismissal for failure
to prosecute has the effect of an adjudication on NATURE IN GENERAL
2006
We hold that under Section 3, Rule 17 of the 1997 the merits, petitioners’ counsel should have filed a If the defending party fails to answer within the
Rules of Civil Procedure, the dismissal of the notice of appeal with the appellate court within time allowed therefor, the court shall, upon
complaint due to the fault of plaintiff does not the reglementary period. Instead of filing a motion of the claiming party with notice to the
necessarily carry with it the dismissal of the petition under Rule 45 of the Rules of Court, the defending party, and proof of such failure, declare
counterclaim, compulsory or otherwise. In fact, the proper recourse was an ordinary appeal with the the defending party in default. Thereupon, the
dismissal of the complaint is without prejudice to Court of Appeals under Rule 41. court shall proceed to render judgment granting

the claimant such relief as his pleading may (e) Where no defaults allowed. — If the defending REMEDIES FROM JUDGMENT BY DEFAULT
warrant, unless the court in its discretion requires party in an action for annulment or declaration of
the claimant to submit evidence. Such reception of nullity of marriage or for legal separation fails to BEFORE FINALITY
evidence may be delegated to the clerk of court. answer, the court shall order the prosecuting Motion for reconsideration or new trial (Rule 37)
(Sec. 3, first par.) attorney to investigate whether or not a collusion
between the parties exists, and if there is no Appeal (Rules 40 and 41)
WHEN MAY A DEFENDANT BE DECLARED IN collusion, to intervene for the State in order to see
Martinez vs. Republic, G.R. No. 160895, October
DEFAULT? to it that the evidence submitted is not fabricated.
30, 2006
1. Failure to file answer (Rule (9, Sec. 3) In Rural Bank of Sta. Catalina, Inc. v. Land Bank of
2. Failure to furnish copy of answer PROCEDURE AFTER ORDER OF DEFAULT the Philippines, 435 SCRA 183 (2004), the Court,
3. Failure to appear at pre-trial (Rule 18, Sec. 5) - render judgment through Justice Callejo, Sr., again provided a
4. Failure to comply with modes of discovery - hearing ex parte comprehensive restatement of the remedies of the
(Rule 29, Sec. 3 [d]) defending party declared in default, which we
REMEDY FROM ORDER OF DEFAULT adopt for purposes of this decision: It bears
EFFECT Ramnani vs. CA, 221 SCRA 582 (1993) stressing that a defending party declared in
As held in Lina v. Court of Appeals, the remedies default loses his standing in court and his right to
(a) Effect of order of default. — A party in default
available to a defendant in the regional trial court adduce evidence and to present his defense. He,
shall be entitled to notice of subsequent
who has been declared in default are: a) The however, has the right to appeal from the
proceedings but not to take part in the trial.
defendant in default may, at any time after judgment by default and assail said judgment on
discovery thereof and before judgment, file a the ground, inter alia, that the amount of the
(c) Effect of partial default. — When a pleading
motion, under oath, to set aside the order of judgment is excessive or is different in kind from
asserting a claim states a common cause of action
default on the ground that his failure to answer that prayed for, or that the plaintiff failed to prove
against several defending parties, some of whom
was due to fraud, accident, mistake or excusable the material allegations of his complaint, or that
answer and the others fail to do so, the court shall
neglect, and that he has a meritorious defense; the decision is contrary to law. Such party declared
try the case against all upon the answers thus filed
(Sec. 3, Rule 18) b) If the judgment has already in default is proscribed from seeking a
and render judgment upon the evidence
been rendered when the defendant discovered modification or reversal of the assailed decision on
presented. (4a, R18). (Sec. 3(a), (c))
the default, but before the same has become final the basis of the evidence submitted by him in the
and executory, he may file a motion for new trial Court of Appeals, for if it were otherwise, he would
EXTENT OF RELIEF TO BE AWARDED
under Section 1(a) of Rule 37; c) If the defendant thereby be allowed to regain his right to adduce
(d) Extent of relief to be awarded. — A judgment evidence, a right which he lost in the trial court
discovered the default after the judgment has
rendered against a party in default shall not when he was declared in default, and which he
become final and executory, he may file a petition
exceed the amount or be different in kind from failed to have vacated. In this case, the petitioner
for relief under Section 2 of Rule 38; and d) He may
that prayed for nor award unliquidated damages. sought the modification of the decision of the trial
also appeal from the judgment rendered against
(5a, R18). (Sec. 3 (d)) court based on the evidence submitted by it only
him as contrary to the evidence or to the law, even
if no petition to set aside the order of default has in the Court of Appeals.
WHERE NOT ALLOWED been presented by him. (Sec. 2, Rule 41).
AFTER FINALITY

Petition for relief from judgment (Rule 38) Rule 18 (i) Such other matters as may aid in the prompt
Annulment of judgment (Rule 47) disposition of the action. (Sec. 2)
PRE-TRIAL
IS CERTIORARI A PROPER REMEDY? REQUIREMENTS FOR APPEARANCE
Jao vs. CA, 251 SCRA 391 (1995) NATURE AND PURPOSE It shall be the duty of the parties and their
It is well-settled that, under ordinary counsel to appear at the pre-trial. (Sec. 4)
A pre-trial is a procedural device held prior to the
circumstances, the proper remedy of a party trial for the court to consider the following
wrongly declared in default is either to appeal purposes: PRELIMINARY CONFERENCE
from the judgment by default or to file a petition This is equivalent to a pre-trial where no pre-trial is
for relief from judgment, and not certiorari. A (a) The possibility of an amicable settlement or of conducted.
default judgment is an adjudication on the merits a submission to alternative modes of dispute
and is, thus, appealable. Since appeal is the proper resolution; HOW PRE-TRIAL IS CALLED
remedy, the extraordinary writ of certiorari will not It is not the court which initiates the setting of the
lie. (b) The simplification of the issues; case for a pre-trial. It is set at the instance of the
plaintiff. Under the rules, it shall be the duty of the
Indiana Aerospace University vs. CHED, 356 SCRA (c) The necessity or desirability of amendments to plaintiff, not of the defendant, to promptly file a
367 (2001) the pleadings; motion to set the case for pre-trial.
These remedies, however, are available only to a
defendant who has been validly declared in (d) The possibility of obtaining stipulations or NOTICE
default. Such defendant irreparably loses the right admissions of facts and of documents to avoid The notice of pre-trial shall be served on counsel,
to participate in the trial. On the other hand, a unnecessary proof; or on the party who has no counsel. The counsel
defendant improvidently declared in default may served with such notice is charged with the duty
retain and exercise such right after the order of (e) The limitation of the number of witnesses; of notifying the party represented by him. (Sec 3)
default and the subsequent judgment by default
are annulled, and the case remanded to the court (f) The advisability of a preliminary reference of EFFECT OF FAILURE TO APPEAR
of origin. The former is limited to the remedy set issues to a commissioner;
forth in Rule 41 of the pre 1997 Rules of Court, and 1. PLAINTIFF
can therefore contest only the judgment by (g) The propriety of rendering judgment on the The failure of the plaintiff to appear shall be cause
default on the designated ground that it is pleadings, or summary judgment, or of for the dismissal of the action with prejudice except
contrary to evidence or law. The latter, however, dismissing the action should a valid ground when the court orders otherwise.
has the following options: to resort to this same therefor be found to exist;
remedy; to interpose a petition for certiorari The remedy of the plaintiff is to appeal from the
seeking the nullification of the order of default, (h) The advisability or necessity of suspending the order of dismissal.
even before the promulgation of a judgment by proceedings; and 2. DEFENDANT
default; or in the event that judgment has been The failure of the defendant to appear in the pre-
rendered, to have such order and judgment trial shall be cause to allow the plaintiff to present
declared void. his evidence ex parte and for the court to render

judgment on the basis of the evidence presented by required from either of

the plaintiff. (b) A summary of admitted facts and proposed the parties
stipulation of facts; Made after the last Ordered by the court
The order of the court allowing the plaintiff to pleading has been after arraignment and
present his evidence ex parte does not dispose of (c) The issues to be tried or resolved; served and filed within 30 days from the
the case with finality. date the court acquires
(d) The documents or exhibits to be presented j otp of the accused
HOW NON-APPEARANCE IS EXCUSED stating the purpose thereof; Considers the Does not include
The non-appearance The non-appearance of possibility of amicable
of a party may be a party and counsel may (e) A manifestation of their having availed or their settlement
excused only if a valid be excused only for acts intention to avail themselves of discovery Agreements and All agreements or
cause is shown of God, force majeure, or procedures or referral to commissioners; and admissions made are admissions shall be
therefor or if a duly substantiated required to be signed reduced into writing
representative shall physical inability. A (f) The number and names of the witnesses, and by either the parties or and signed by both the
appear in his behalf representative may the substance of their respective testimonies. their counsels accused and counsel.
fully authorized in appear on behalf of a
writing. (Sec. 4) party, but must be fully Failure to file the pre-trial brief shall have the Rules 23 to 29
authorized in writing to same effect as failure to appear at the pre-trial.
enter into an amicable (Sec 6)
settlement, to submit to DISCOVERY
alternative modes of PRE-TRIAL ORDER In general, a discovery is a device employed by a
dispute resolution, and Under AM No. 03-01-09-SC, the pre-trial order party to obtain, from the adverse party information
to enter into stipulations shall be issued within 10 days from the termination about relevant matters on the case in preparation
or admissions of facts of the pre-trial. This order recites the following: for the trial.
and documents. a) The matters taken up in the conference;
b) The action taken thereon MODES OF DISCOVERY
c) The amendments allowed to the
PRE-TRIAL BRIEF
pleadings; and a) Depositions pending action (Rule 23);
The parties shall file with the court and serve on
d) The agreements or admissions made by b) Depositions before action or pending
the adverse party, in such manner as shall ensure
the parties as to any of the matters appeal (Rule 24);
their receipt thereof at least three (3) days before
considered. c) Interrogatories to parties (Rule 25);
the date of the pre-trial, their respective pre-trial
briefs which shall contain, among others: d) Admission by adverse party (Rule 26);
PRE-TRIAL IN CIVIL PRE-TRIAL IN e) Production or inspection of documents or
(a) A statement of their willingness to enter into CASES CRIMINAL CASES
things (Rule 27);
amicable settlement or alternative modes of Set when the plaintiff Ordered by the court
f) Physical and mental examination of
dispute resolution, indicating the desired terms moves ex parte to set and no motion to set
persons (Rule 28)
thereof; the case for pre-trial the case for pre-trial is

DEPOSITION - DEFINITION AND PURPOSES taking only to the period of pre-trial or before it; persons under Rule ,28, which may be granted
People vs. Webb, 312 SCRA 573 (1999) no prohibition against the taking of depositions upon due application and a showing of due, cause.
As defined, a deposition is–“The testimony of a after pre-trial. Indeed, the law authorizes the
witness taken upon oral question or written taking of depositions of witnesses before or after REQUEST FOR ADMISSION
interrogatories, not in open court, but in an appeal is taken from the judgment of a Po vs. CA, 164 SCRA 668 (1988)
pursuance of a commission to take testimony Regional Trial Court “to perpetuate their A party should not be compelled to admit matters
issued by a court, or under a general law or court testimony for use in the event of further of fact already admitted by his pleading and
rule on the subject, and reduced to writing and proceedings in the said court” (Rule 134, Rules of concerning which there is no issue (Sherr vs. East,
duly authenticated, and intended to be used in Court), and even during the process of execution 71 A2d, 752, Terry 260, cited in 27 C.J.S. 91), nor
preparation and upon the trial of a civil or criminal of a final and executory judgment. should he be required to make a second denial of
prosecution. those already denied in his answer to the
WHEN LEAVE OF COURT REQUIRED complaint. A request for admission is not intended
The use of discovery procedures is directed to the Republic vs. Sandiganbayan, 204 SCRA 212 (1991) to merely reproduce or reiterate the allegations of
sound discretion of the trial judge. The deposition- In line with this principle of according liberal the requesting party’s pleading but should set
taking cannot be based nor can it be denied on treatment to the deposition-discovery forth relevant evidentiary matters of fact, or
flimsy reasons. Discretion has to be exercised in a mechanism, such modes of discovery as (a) documents described in and exhibited with the
reasonable manner and in consonance with the depositions (whether by oral examination or request, whose purpose is to establish said party’s
spirit of the law. There is no indication in this case written interrogatories) under Rule 24, (b) cause of action or defense. Unless it serves that
that in denying the motion of respondent- interrogatories to parties under Rule 25, and (c) purpose, it is, as correctly observed by the Court
accused, the trial judge acted in a biased, arbitrary, requests for admissions under Rule 26, may be of Appeals, “pointless, useless,” and “a mere
capricious or oppressive manner. Grave abuse of availed of without leave of court, and generally, redundancy.”
discretion “x x x implies such capricious, and without court intervention. The Rules of Court
whimsical exercise of judgment as is equivalent to explicitly provide that leave of court is not IMPORTANCE OF DISCOVERY PROCEDURES
lack of jurisdiction, or, in other words where the necessary to avail of said modes of discovery after A.M. No. 03-1-09-SC dated July 13, 2004
power is exercised in an arbitrary and despotic an answer to the complaint has been served. It is Guidelines to be observed by trial court judges and
manner by reason of passion or personal hostility, only when an answer has not yet been filed (but clerks of court in the conduct of pre-trial and use of
and it must be so patent and gross as to amount after jurisdiction has been obtained over the
deposition-discovery procedures
to an evasion of positive duty or to a virtual refusal defendant or property subject of the action) that
to perform the duty enjoined or to act all in Hyatt Industrial Manufacturing Corps. vs. Ley
prior leave of court is needed to avail of these
contemplation of law. Construction and Development Corp., G.R. No.
modes of discovery, the reason being that at that
147143, March 10, 2006
time the issues are not yet joined and the disputed
The importance of discovery procedures is well
WHEN TAKEN facts are not clear.
recognized by the Court. It approved A.M. No. 03-
Dasmarinas Garments, Inc. vs. Reyes, 225 SCRA
1-09-SC on July 13, 2004 which provided for the
622 (1993) On the other hand, leave of court is required as
guidelines to be observed by trial court judges and
Depositions may be taken at any time after the regards discovery by (a) production or inspection
clerks of court in the conduct of pre-trial and use
institution of any action, whenever necessary or of documents or things in accordance with Rule
of deposition-discovery measures. Under A.M. No.
convenient. There is no rule that limits deposition- 27, or (b) physical and mental examination of

03-1-09-SC, trial courts are directed to issue diligence has been used to procure it (d) The fourth-party, and so forth, if any, shall
orders requiring parties to avail of interrogatories (Sec. 3) adduce evidence of the material facts pleaded by
to parties under Rule 45 and request for admission them;
of adverse party under Rule 26 or at their ILLNESS OF PARTY OR COUNSEL
discretion make use of depositions under Rule 23 A motion to postpone a trial on the ground of (e) The parties against whom any counterclaim or
or other measures under Rule 27 and 28 within 5 illness of a party or counsel may be granted if it cross-claim has been pleaded, shall adduce
days from the filing of the answer. The parties are appears upon affidavit or sworn certification that evidence in support of their defense, in the order
likewise required to submit, at least 3 days before the presence of such party or counsel at the trial is to be prescribed by the court;
the pre-trial, pre-trial briefs, containing among (a) indispensable and that (b) the character of his
others a manifestation of the parties of their illness is such as to render his non-attendance (f) The parties may then respectively adduce
having availed or their intention to avail excusable. (Sec. 4) rebutting evidence only, unless the court, for
themselves of discovery procedures or referral to good reasons and in the furtherance of justice,
commissioners. SUBPOENA permits them to adduce evidence upon their
original case; and
Subpoena is a process directed to a person
Rule 30 requiring him or her to attend and to testify at the
(g) Upon admission of the evidence, the case
hearing or the trial of an action, or at any
shall be deemed submitted for decision, unless
TRIAL investigation conducted by competent authority,
the court directs the parties to argue or to submit
It is the judicial examination and determination of or for the taking of his or her deposition. It may
their respective memoranda or any further
the issues between the parties to the action. also require him or her to bring with him or her
pleadings. (Sec. 5)
any books, documents, or other things under his
or her control, in which case it is called a subpoena
NOTICE OF TRIAL AGREED STATEMENT OF FACTS
duces tecum. (Rule 21, Sec 1)
Upon entry of a case in the trial calendar, the clerk The parties to any action may agree, in writing,
shall notify parties the date of its trial, ensuring upon the facts involved in the litigation, and
ORDER OF TRIAL
receipt of the notice at least 5 days before the trial submit the case for judgment on the facts agreed
date. (Sec. 1) (a) The plaintiff shall adduce evidence in support
upon, without the introduction of evidence, but if
of his complaint;
the parties agree only on some facts in issue, the
ABSENCE OF EVIDENCE trial shall be held as to the disputed facts in such
(b) The defendant shall then adduce evidence in
A trial may be postponed on the ground of order as the court shall prescribe.
support of his defense, counterclaim, cross-claim
absence of evidence upon compliance with the
and third-party complaints;
following: Rule 32
(c) The third-party defendant if any, shall adduce
a) A motion for postponement must be
evidence of his defense, counterclaim, cross- TRIAL BY COMMISSIONER
filed
claim and fourth-party complaint; By written consent of both parties, the court may
b) The motion must be supported by an
affidavit showing (1) materiality or order any or all of the issues in a case to be
relevancy of evidence, and that (2) due referred to a commissioner to be agreed upon by

the parties or to be appointed by the court. As lack of cause of action. The first is governed by JUDGMENT ON THE PLEADINGS
used in these Rules, the word "commissioner" Section 1 (g),26 Rule 16, while the second by Rule Where an answer fails to tender an issue, or
includes a referee, an auditor and an examiner. 33,27 of the Rules of Court, to wit: otherwise admits the material allegations of the
adverse party's pleading, the court may; on
CONSOLIDATION OF TRIAL “. . . The first [situation where the complaint does motion of that party, direct judgment on such
Philippine National Bank vs. Gotesco Tyan Ming not allege a sufficient cause of action] is raised in pleading. However, in actions for declaration of
Development, Inc., G.R. No. 183211, June 6, 2009 a motion to dismiss under Rule 16 before a nullity or annulment of marriage or for legal
The rule allowing consolidation is designed to responsive pleading is filed and can be separation, the material facts alleged in the
avoid multiplicity of suits, to guard against determined only from the allegations in the complaint shall always be proved.
oppression or abuse, to prevent delays, to clear initiatory pleading and not from evidentiary or
congested dockets, and to simplify the work of the other matters aliunde. The second [situation
trial court; in short, the attainment of justice with where the evidence does not sustain the cause of Sunbanun vs. Go, G.R. No 163280, February 2,
the least expense and vexation to the parties- action alleged] is raised in a demurrer to evidence 2010
litigants. under Rule 33 after the plaintiff has rested his case The trial court has the discretion to grant a motion
and can be resolved only on the basis of the for judgment on the pleadings filed by a party if
Rule 33 evidence he has presented in support of his claim. there is no controverted matter in the case after
The first does not concern itself with the truth and the answer is filed. A judgment on the pleadings is
falsity of the allegations while the second arises a judgment on the facts as pleaded, and is based
DEMURRER TO EVIDENCE precisely because the judge has determined the exclusively upon the allegations appearing in the
After the plaintiff has completed the presentation truth and falsity of the allegations and has found pleadings of the parties and the accompanying
of his evidence, the defendant may move for the evidence wanting. annexes.
dismissal on the ground that upon the facts and
the law the plaintiff has shown no right to relief. If Hence, a motion to dismiss based on lack of cause Petitioner, in moving for a judgment on the
his motion is denied he shall have the right to of action is filed by the defendant after the plaintiff pleadings without offering proof as to the truth of
present evidence. If the motion is granted but on has presented his evidence on the ground that the her own allegations and without giving
appeal the order of dismissal is reversed he shall latter has shown no right to the relief sought. respondent the opportunity to introduce
be deemed to have waived the right to present While a motion to dismiss under Rule 16 is based evidence, is deemed to have admitted the material
evidence. on preliminary objections which can be ventilated and relevant averments of the complaint, and to
before the beginning of the trial, a motion to rest her motion for judgment based on the
DISTINGUISHED FROM MOTION TO DISMISS dismiss under Rule 33 is in the nature of a pleadings of the parties.
FOR FAILURE TO STATE A CAUSE OF ACTION demurrer to evidence on the ground of
(Rule 16, Sec. 1 (g)) insufficiency of evidence and is presented only
DISTINGUISHED FROM SUMMARY JUDGMENT
The Manila Banking Corp. vs. University of Baguio, after the plaintiff has rested his case.”
Diman vs. Alumbres, 299 SCRA 459 (1998)
Inc., G.R.No. 159189, February 21, 2007 It is also the law which determines when a
In Domondon v. Lopez, we distinguished a motion Rule 34
summary judgment is proper. It declares that
to dismiss for failure of the complaint to state a although the pleadings on their face appear to
cause of action from a motion to dismiss based on raise issues of fact—e.g., there are denials of, or a

conflict in, factual allegations—if it is shown by of evidence as distinguished from a sham, summary judgment, is the presence or absence of
admissions, depositions or affidavits, that those fictitious, contrived or false claim. a genuine issue as to any material fact.
issues are sham, fictitious, or not genuine, or, in
the language of the Rules, that “except as to the In the instant case, the summary judgment was RULE 36
amount of damages, there is no genuine issue as rendered after the presentation of evidence by
to any material fact and that the moving party is both parties in a full blown trial. Records show that
JUDGMENTS, FINAL ORDERS AND ENTRY
entitled to a judgment as a matter of law,” the during the two-year trial of the case, Ontimare, Sr.
A judgment is the final ruling by a court of competent
Court shall render a summary judgment for the had presented his own witnesses, all four of them,
plaintiff or the defendant, as the case may be. and had cross-examined the witnesses of the jurisdiction regarding the rights or other matters
opposing party. The trial court’s decision was submitted to it in an action or proceeding.
In other words, as a noted authority remarks, a merely denominated as summary judgment. But in
judgment on the pleadings is a judgment on the essence, it is actually equivalent to a judgment on FORM
facts as pleaded, while a summary judgment is a the merits, making the rule on summary judgment A judgment or final order determining the merits
judgment on the facts as summarily proven by inapplicable in this case. of the case shall be in writing personally and
affidavits, depositions or admissions. Another directly prepared by the judge, stating clearly and
distinction is that while the remedy of a judgment MOTION REQUIRED distinctly the facts and the law on which it is based,
on the pleadings may be sought only by a claimant Asian Construction and Development Corp. vs. signed by him, and filed with the clerk of the court
(one seeking to recover upon a claim, PCIB, G.R. No. 153827, April 25, 2006 (Rule 36, Sec. 1)
counterclaim, or cross-claim or to obtain a Under Rule 35 of the 1997 Rules of Procedure, as
declaratory relief, supra), a summary judgment amended, except as to the amount of damages, CONCEPT OF FINAL JUDGMENT AND FINAL
may be applied for by either a claimant or a when there is no genuine issue as to any material ORDER
defending party. fact and the moving party is entitled to a judgment BA Finance Corp. vs. CA, 229 SCRA 566 (1994)
as a matter of law, summary judgment may be A final order is defined as one which disposes of
Rule 35 allowed. Summary or accelerated judgment is a the whole subject matter or terminates a particular
procedural technique aimed at weeding out sham proceeding or action, leaving nothing to be done
claims or defenses at an early stage of litigation but to enforce by execution what has been
SUMMARY JUDGMENTS
thereby avoiding the expense and loss of time determined; on the other hand, an order is
Ontimare vs. Elep, G.R. No. 159224, January 20, involved in a trial. Under the Rules, summary interlocutory if it does not dispose of a case
2006 judgment is appropriate when there are no completely, but leaves something more to be
For summary judgment to be proper, two (2) genuine issues of fact which call for the done upon its merits.
requisites must concur, to wit: (1) there must be no presentation of evidence in a full-blown trial. Even
genuine issue on any material fact, except for the if on their face the pleadings appear to raise REQUISITES OF A VALID JUDGMENT
amount of damages; and (2) the moving party issues, when the affida-vits, depositions and
must be entitled to a judgment as a matter of law. admissions show that such issues are not genuine, a) The court or tribunal must be clothed with
When, on their face, the pleadings tender a then summary judgment as prescribed by the authority to hear and determine the matter
genuine issue, summary judgment is not proper. Rules must ensue as a matter of law. The before it
An issue is genuine if it requires the presentation determinative factor, therefore, in a motion for

b) The court must have jurisdiction over the Nunal vs. CA, 221 SCRA 26 (1993) and proper determination of the monetary awards
parties and the subject matter In the case at bar, the decision of the trial court in due the private respondents.
c) The parties must have been given an Civil Case No. 872 has become final and executory.
opportunity to adduce evidence in their Thus, upon its finality, the trial judge lost his SUPPLEMENTAL JUDGMENT
behalf jurisdiction over the case. Consequently, any Esquivel vs. Alegre, 172 SCRA 315 (1989)
d) The evidence must be considered by the modification that he would make, as in this case, There is a difference between an amended
the inclusion of Mary Lyon Martin would be in judgment and a supplemental judgment. In an
tribunal in deciding the case
excess of his authority. The remedy of Mary Lyon amended and clarified judgment, the lower court
e) The judgment must be in writing, personally
Martin is to file an independent suit against the makes a thorough study of the original judgment
and directly prepared by the judge
parties in Civil Case No. 872 and all other heirs for and renders the amended and clarified judgment
f) The judgment must state clearly the facts her share in the subject property, in order that all only after considering all the factual and legal
and the law upon which it is based signed the parties in interest can prove their respective issues. The amended and clarified decision is an
by the judge and filed with the clerk of court claims. entirely new decision which supersedes the
CONFLICT BETWEEN THE DISPOSITIVE PORTION original decision. Following the Court’s
Industrial Timber Corp. vs. NLRC, 233 SCRA 597 differentiation of a supplemental pleading from an
AND BODY OF THE DECISION
(1994) amending pleading, it can be said that a
The general rule is that where there is conflict
It is true that after a judgment has become final supplemental decision does not take the place or
between the dispositive portion or fallo of the and executory, it can no longer be modified or extinguish the existence of the original. As its very
decision and the body, the fallo controls. otherwise disturbed. However, this principle name denotes, it only serves to bolster or add
admits of exceptions, as where facts and something to the primary decision. A supplement
AMENDMENT OF JUDGMENT circumstances transpire which render its execution exists side by side with the original. It does not
impossible or unjust and it therefore becomes replace that which it supplements.
a) Before it becomes final and executory necessary, “in the interest of justice, to direct its
modification in order to harmonize the disposition JUDGMENTS NUNC PRO TUNC (literally “now for
Eternal Gardens Memorial vs. IAC, 165 SCRA 439
with the prevailing circumstances.” Applying this then”)
(1988)
exception to the case at bar, we note with approval
There is no question that courts have inherent
the following observations of the Solicitor General:
power to amend their judgments, to make them The object of a judgment nunc pro tunc is not the
It may be true that the amount of back wages and
conformable to the law applicable provided that rendering of a new judgment and the ascertainment
other benefits due to the private respondents as
said judgments have not yet attained finality. In and determination of new rights, but is one placing
recomputed, is not in harmony with the literal
fact, motions for reconsideration are allowed to in proper form on the record, the judgment that had
import of the dispositive portion of the decision
convince the courts that their rulings are been previously rendered, to make it speak the truth,
subject of execution. However, sight must not be
erroneous and improper and in so doing, said
lost of the fact that at the time the recomputation so as to make it show what the judicial action really
courts are given sufficient opportunity to correct
was made in 1992, five (5) years had already was, not to correct judicial errors, such as to render a
their errors.
elapsed from the time the Labor Arbiter rendered judgment which the court ought to have rendered, in
his Decision on February 26, 1987. Thus, a place of the one it did erroneously render, nor to
b) After it becomes final and executory recomputation was necessary to arrive at a just

supply nonaction by the court, however erroneous The second rule of res judicata embodied in
the judgment may have been. Section 47(c), Rule 39 is “conclusiveness of
judgment.” This rule provides that any right, fact,
DOCTRINE OF LAW OF THE CASE or matter in issue directly adjudicated or REMEDIES AGAINST JUDGMENTS OR
Whatever is once irrevocably established as the necessarily involved in the determination of an FINAL ORDERS
controlling legal rule or decision between the same action before a competent court in which a
judgment or decree is rendered on the merits is Remedies before finality of judgment
parties in the case continues to be the law of the case,
conclusively settled by the judgment therein and
whether correct on general principles or not, so long 1. Motion for reconsideration
cannot again be litigated between the parties and
as the facts on which such decision was predicated 2. Motion for new trial
their privies whether or not the claim or demand,
continue to be the facts pf the case before the court. 3. Appeal
purpose, or subject matter of the two suits is the
same. It refers to a situation where the judgment a. Ordinary appeal
BAR BY FORMER JUDGMENT AND in the prior action operates as an estoppel only as Rule 40
CONCLUSIVENESS OF JUDGMENT to the matters actually determined or which were Rule 41
DISTINGUISHED necessarily included therein. b. Petition for review
Del Rosario vs Far East Bank and Trust Company, Rule 42
G.R. No 150134, October 31, 2007 IMMUTABILITY OF FINAL JUDGMENT Rule 43
Section 49(b) enunciates the first rule of res Griffith vs. Estur, G.R. No. 161777, May 7, 2008 c. Petition for review on certiorari
judicata known as “bar by prior judgment” or Rule 45
“estoppel by judgment,” which states that the In Sawit v. Rodas and Daquis v. Bustos, we held
judgment or decree of a court of competent that a judgment becomes final and executory by Remedies after finality of judgment
jurisdiction on the merits concludes the parties operation of law, not by judicial declaration. 1. Petition for relief from judgment
and their privies to the litigation and constitutes a Accordingly, finality of judgment becomes a fact 2. Annulment of judgment
bar to a new action or suit involving the same upon the lapse of the reglementary period of 3. Petition for certiorari
cause of action either before the same or any appeal if no appeal is perfected. In such a
other tribunal. Stated otherwise, “bar by former situation, the prevailing party is entitled as a
Rule 37
judgment” makes the judgment rendered in the matter of right to a writ of execution; and issuance
first case an absolute bar to the subsequent action thereof is a ministerial duty, compellable by
since that judgment is conclusive not only as to mandamus. In the instant case, however, what is NEW TRIAL OR RECONSIDERATION
the matters offered and received to sustain it but sought to be reviewed is not the decision itself but
also as to any other matter which might have been the manner of its execution. There is a big GROUNDS AND NATURE
offered for that purpose and which could have difference. While it is true that the decision itself NEW TRIAL RECONSIDERATION
been adjudged therein. It is in this concept that the has become final and executory and so can no (a) Fraud, accident, a. damages
term res judicata is more commonly and generally longer be challenged, there is no question either mistake or excusable awarded are
used as a ground for a motion to dismiss in civil that it must be enforced in accordance with its negligence which excessive,
cases. terms and conditions. Any deviation therefrom can ordinary prudence could b. that the
be the subject of a proper appeal. not have guarded against evidence is

and by reason of which insufficient to justify NEYPES RULE If a new trial is granted It may amend such
such aggrieved party has the decision or final This rule provides that the movant has a “fresh 1. the original judgment or final order
probably been impaired order, or period” of 15 days from receipt or notice of order judgment or final order accordingly
in his rights; or c. that the denying or dismissing the motion for reconsideration shall be vacated,
(b) Newly discovered decision or final within which to file a notice of appeal. 2. the action
evidence, which he could order is contrary to shall stand for trial de
not, with reasonable novo;
This rule does not refer to the period within which
diligence, have 3. the recorded
to appeal from the order denying the motion for
discovered and produced evidence taken upon
reconsideration, but to the period within which to
at the trial, and which if the former trial, insofar
presented would appeal from the judgment itself because an order as the same is material
probably alter the result. denying a motion for reconsideration is not and competent to
appealable. establish the issues,
A motion for new trial based on (b) shall be shall be used at the new
supported by: CONTENTS trial without retaking
NEW TRIAL RECONSIDERATION the same.
1. Affidavits of the witnesses by whom such (a) of the preceding (a) point out a
evidence is expected to be given section shall be specifically the findings PARTIAL NEW TRIAL OR RECONSIDERATION
2. Duly authenticated documents which are supported by affidavits or conclusions of the If the grounds for a motion under this Rule appear
proposed to be introduced in evidence of merits which may be judgment or final order to the court to affect the issues as to only a part,
rebutted by affidavits. (b) which are not or less than an of the matter in controversy, or only
NEWLY DISCOVERED EVIDENCE (b) shall be supported supported by the one, or less than all, of the parties to it, the court
by affidavits of the evidence or which are may order a new trial or grant reconsideration as
a) The evidence was discovered after trial; to such issues if severable without interfering with
witnesses by whom contrary to law
b) Such evidence could not have been the judgment or final order upon the rest. (Sec 7)
such evidence is making express
discovered and produced at the trial
expected to be given, reference to the
even with the exercise of reasonable
or by duly testimonial or IF DENIED
diligence;
authenticated documentary evidence NEW TRIAL RECONSIDERATI
c) It is material, not merely cumulative,
documents which are or to the provisions of ON
corroborative or impeaching; and
proposed to be law alleged to be An order denying a motion for new
d) The evidence is of such weight that it
introduced in evidence. contrary to such trial or reconsideration is not
would probably change the judgment, if
findings or conclusions. appealed, the remedy being an
admitted.
appeal from the judgment or final
EFFECT OF GRANT order
WHEN FILED
NEW TRIAL RECONSIDERATION 1ST Shall include all
Within the period for taking an appeal (15 days) MOTION grounds then
available and

those not so fraud, accident, Extrinsic fraud shall not together with the
included shall mistake, or excusable be a valid ground if it petition affidavits of
be deemed negligence was availed of, or could witnesses or
waived. have been availed of, in documents supporting
2ND Based on a No party shall be a motion for new trial the cause of action or
MOTION ground not allowed a second or petition for relief. (n) defense and
existing nor motion for filed within sixty (60) Section 3. Period for 4. a sworn
available when reconsideration days after the filing action. — certification that he has
the first motion of a judgment or PETITIONER LEARNS of a. extrinsic fraud, not theretofore
was made, may final order the judgment, final the action must be filed commenced any other
be filed within order, or other within four (4) years action involving the
the time herein proceeding to be set from its discovery; and same issues
provided aside, and
excluding the not more than six (6) b. if based on IF GRANTED
time during months after such lack of jurisdiction, RELIEF FROM ANNULMENT OF
which the first judgment or final order before it is barred by JUDGMENTS, JUDGMENTS OF
motion had was entered, or such laches or estoppel. (n) ORDERS, OR OTHER FINAL ORDERS AND
been pending. proceeding was taken PROCEEDINGS RESOLUTIONS
must be accompanied 1. The petition it shall set aside the 1. A judgment of
RULE 38 & 47 with shall be filed in seven judgment or final order annulment shall set
1. affidavits showing (7) clearly legible or other proceeding aside the questioned
the fraud, accident, copies, together with complained. judgment or final order
RELIEF FROM ANNULMENT OF
mistake, or excusable sufficient copies Thereafter the case or resolution and
JUDGMENTS, JUDGMENTS OF
negligence relied upon, corresponding to the shall stand as if such render the same null
ORDERS, OR OTHER FINAL ORDERS AND
and number of judgment, final order or and void, WITHOUT
PROCEEDINGS RESOLUTIONS
2. the facts constituting respondents. other proceeding had PREJUDICE TO THE
Section 1. Petition for Section 2. Grounds for
the petitioner's good 2. A certified never been rendered, ORIGINAL ACTION
relief from judgment, annulment. — The
and substantial cause true copy of the issued or taken. The BEING REFILED IN THE
order, or other annulment may be
of action or defense, as judgment or final order court shall then PROPER COURT.
proceedings. — based only on the
the case may be. or resolution shall be proceed to hear and
When a judgment or grounds of
attached to the original determine the case as if 2. However,
final order is entered, or a. extrinsic fraud
copy of the petition a timely motion for a where the judgment or
any other proceeding is and
intended for the court new trial or final order or resolution
thereafter taken against b. lack of
and indicated as such reconsideration had is set aside on the
a party in ANY COURT jurisdiction.
by the petitioner. been granted by it. ground of extrinsic
through
3. The petitioner fraud, the court may on
shall also submit motion order the trial

Where the denial of an court to try the case as subject matter, the Regional Trial Court, if it has
appeal is set aside, the if a timely motion for HOW TO APPEAL jurisdiction thereover, shall try the case on the
lower court shall be new trial had been The appeal is taken by filing a notice of appeal merits as if the case was originally filed with it. In
required to give due granted therein. (n) with the court that rendered the judgment or case of reversal, the case shall be remanded for
course to the appeal final order appealed from. The notice of appeal further proceedings. (Sec. 8, par. 1)
and to elevate the shall indicate the parties to the appeal, the
record of the appealed judgment or final order or part thereof appealed b. with trial on the merits
case as if a timely and from, and state the material dates showing the The Regional Trial Court on appeal shall not
proper appeal had timeliness of the appeal. dismiss the case if it has original jurisdiction
been made. (7a) thereof, but shall decide the case in accordance
Copies of the notice of appeal, and the record on with the preceding section, without prejudice to
APPEALS appeal where required, shall be served on the the admission of amended pleadings and
An appeal is used to correct errors of judgments of a adverse party. (Sec. 3) additional evidence in the interest of justice. (Sec.
lower tribunal such as errors in the application of the PERFECTION OF APPEAL 8. par. 2)
rules in evidence, in the appreciation of the credibility A party’s appeal by notice of appeal is deemed
of witnesses or in the appreciation of the facts of the perfected as to him upon the filing of the notice of Rule 41
case. appeal in due time.
ORDINARY APPEAL RTC to CA

A party’s appeal by record on appeal is deemed
perfected as to him with respect to the subject
SUBJECT OF APPEAL
Rule 40 matter thereof upon approval of the record on
appeal. (Sec. 4) An appeal may be taken from a judgment or final
MTC to RTC
order that completely disposes of the case, or of
a particular matter therein when declared by
WHERE & WHEN TO APPEAL APPELLATE COURT DOCKET AND OTHER
these Rules to be appealable. (Sec. 1)
An appeal from a judgment or final order of a LAWFUL FEES
Municipal Trial Court may be taken to the Regional Within the period for taking an appeal, the
JUDGMENTS OR ORDERS THAT ARE NOT
Trial Court exercising jurisdiction over the area to appellant shall pay to the clerk of the court which
APPEALABLE (Remedy is under Rule 65)
which the former pertains. (Sec. 1) rendered the judgment or final order appealed
[RID SES W]
from the full amount of the appellate court docket
1. An order denying a petition for relief or any similar
An appeal may be taken within fifteen (15) days and other lawful fees. (Sec. 5)
motion seeking relief from judgment;
after notice to the appellant of the judgment or 2. An interlocutory order;
final order appealed from. Where a record on APPEAL FROM MTC ORDER DISMISSING CASE 3. An order disallowing or dismissing an appeal;
appeal is required, the appellant shall file a notice a. without trial on the merits 4. An order denying a motion to set aside a judgment
of appeal and a record on appeal within thirty (30) The Regional Trial Court may affirm or reverse it, by consent, confession or compromise on the ground
days after notice of the judgment or final order. as the case may be. In case of affirmance and the of fraud, mistake or duress, or any other ground
(Sec 2) ground of dismissal is lack of jurisdiction over the vitiating consent;

5. An order of execution; PERIOD OF ORDINARY APPEAL RESIDUAL POWERS (IAPOA)

6. A judgment or final order for or against one or The appeal shall be taken within fifteen (15) days The term refers to the authority of a trial court to
more of several parties or in separate claims, from notice of the judgment or final order issue orders for the protection and preservation
counterclaims, cross-claims, and third-party appealed from. Where a record on appeal is of the rights of the parties which do not involve
complaints, while the main case is pending, unless required, the appellant shall file a notice of appeal any matter litigated by the appeal, approve
the court allows an appeal therefrom; and and a record on appeal within thirty (30) days from compromises, permit appeals of indigent
7. An order dismissing an action without prejudice notice of the judgment or final order. (Sec. 3) litigants, order execution pending appeal in
accordance with Sec. 2 Rule 39, and allow
In any of the foregoing circumstances, the aggrieved PERFECTION OF APPEAL withdrawal of the appeal provided these are
party may file an appropriate special civil action A party's appeal by notice of appeal is deemed done prior to the transmittal of the opriginal
under Rule 65. (As amended A.M. No. 07-7-12, perfected as to him upon the filing of the notice of record or the record on appeal even if the appeals
December 1, 2007) (Sec. 1, Rule 41) appeal in due time. have already been perfected or despite the
approval of the record on appeal or in a case of a
MODES OF APPEAL A party's appeal by record on appeal is deemed petition for review under Rule 42, before the Court
(a) Ordinary appeal. — The appeal to the Court of perfected as to him with respect to the subject of Appeals gives due course to the petition
Appeals in cases decided by the Regional Trial matter thereof upon the approval of the record on (Section 8, Rule 42).
Court in the exercise of its original jurisdiction shall appeal filed in due time. (Sec. 9, 1st and 2nd pars.)
be taken by filing a notice of appeal with the court DISMISSAL OF APPEAL
which rendered the judgment or final order LOSS OF JURISDICTION A. late filing
appealed from and serving a copy thereof upon B. non-payment of docket and other lawful fees
In appeals by record on appeal, the court loses
the adverse party. No record on appeal shall be
jurisdiction only over the subject matter thereof
required except in special proceedings and other
upon the approval of the records on appeal filed PETITION FOR REVIEW
cases of multiple or separate appeals where law on
in due time and the expiration of the appeal of the Rule 42
these Rules so require. In such cases, the record on
other parties.
appeal shall be filed and served in like manner. RTC to CA
In either case, prior to the transmittal of the
(b) Petition for review. — The appeal to the Court APPEAL FROM RTC DECISION RENDERED IN THE
original record or the record on appeal, the court
of Appeals in cases decided by the Regional Trial EXERCISE OF ITS APPELLATE JURISDICTION
may issue orders for the protection and
Court in the exercise of its appellate jurisdiction Ross Rica Sales Center, Inc. vs. Ong, G.R. No.
preservation of the rights of the parties which do
shall be by petition for review in accordance with 132197, August 16, 2005
not involve any matter litigated by the appeal,
Rule 42. A party desiring to appeal from a decision of the
approve compromises, permit appeals of indigent
litigants, order execution pending appeal in RTC rendered in the exercise of its appellate
(c) Appeal by certiorari. — In all cases where only jurisdiction may file a verified petition for review
accordance with 2 of Rule 39, and allow
questions of law are raised or involved, the appeal with the Court of Appeals, paying at the same time
withdrawal of the appeal. (Sec. 9, 3rd and 4th pars.)
shall be to the Supreme Court by petition for to the clerk of said court the corresponding docket
review on certiorari in accordance with the Rule 45. and other lawful fees, depositing the amount of
(Sec. 2) P500.00 for costs, and furnishing the Regional Trial

Court and the adverse party with a copy of the errors of fact or law warranting reversal or 2. With proof of service of a copy thereof on the
petition. modification adverse party and on the court or agency a quo.
(Sec. 5)
Since the unlawful detainer case was filed with the EFFECT OF APPEAL (Sec. 8, 4th par.)
MTC and affirmed by the RTC, petitioners should General rule: shall STAY judgment or final order FORM AND CONTENTS
have filed a Petition for Review with the Court of Exceptions: (a) state the full names of the parties to the case,
Appeals and not a Notice of Appeal with the RTC. without impleading the court or agencies either as
a. civil cases decided under the Rule on Summary
However, we consider this to have been remedied petitioners or respondents;
Procedure
by the timely filing of the Motion for (b) contain a concise statement of the facts and
b. when CA, law or Rules of Court provide otherwise
Reconsideration on the following day. issues involved and the grounds relied upon for
the review;
EFFECT OF FAILURE TO COMPLY WITH Rule 43
(c) be accompanied by a clearly legible duplicate
REQUIREMENTS QUASI-JUDICIAL AGENCIES TO CA original or a certified true copy of the award,
The failure of the petitioner to comply with any of judgment, final order or resolution appealed from,
the foregoing requirements regarding the SCOPE together with certified true copies of such material
a) payment of the docket and other lawful Appeals from judgments and final orders of portions of the record referred to therein and
fees, quasijudicial bodies/ agencies, are now required other supporting papers; and
b) the deposit for costs, to be brought to the Court of Appeals. (d) contain a sworn certification against forum
c) proof of service of the petition, and shopping (Sec. 6)
d) the contents of and the documents The appeal under Rule 43 may be taken to the
which should accompany the petition Court of Appeals whether the appeal involves a EFFECT OF FAILURE TO COMPLY WITH
shall be sufficient ground for the dismissal thereof. question of fact, a question of law, or mixed REQUIREMENTS (Sec. 7)
(Sec. 3) questions of facts and law. -Sufficient ground for dismissal
ACTION BY COURT (Sec. 4) PERIOD OF APPEAL ACTION BY COURT (Sec. 8)

a. Require filing of comment or Within 15 days from: a. Require fiing of comment or
b. Dismiss petition outright, when it finds the same b. Dismiss petition outright
to be: 1. Notice of award, judgment, final order, or PPQ
resolution;
a) patently without merit, 2. Date of publication, if publication is required
WHEN PETITION GIVEN DUE COURSE (Sec. 10)
b) prosecuted manifestly for delay, by law for its effectivity; or
Prima facie finding that court or agency committed
c) or that the questions raised therein are too 3. Denial of petitioner’s MNT or MR (Sec. 4)
errors of fact or law warranting reversal or
insubstantial to require consideration.
modification
HOW APPEAL TAKEN
WHEN PETITION GIVEN DUE COURSE (Sec. 6)
1. Filing a verified petition for review in seven (7)
- Prima facie finding that lower court has committed EFFECT OF APPEAL (Sec.12)
legible copies with the Court of Appeals

General rule: shall NOT STAY award, judgment, final of facts, and there is a question of fact when the (a) state the full name of the appealing party as
order or resolution doubt or difference arises as to the truth or the petitioner and the adverse party as
Exceptions: falsehood of facts, or when the query necessarily respondent, without impleading the lower courts
a. when CA directs otherwise invites calibration of the whole evidence or judges thereof either as petitioners or
b. when the law directs otherwise (additional considering mainly the credibility of witnesses, respondents;
exception) existence and relevancy of specific surrounding (b) indicate the material dates showing when
circumstances, their relation to each other and to notice of the judgment or final order or resolution
the whole and probabilities of the situation. subject thereof was received, when a motion for
PETITION FOR REVIEW ON CERTIORARI
Ordinarily, the determination of whether an new trial or reconsideration, if any, was filed and
Rule 45
appeal involves only questions of law or both when notice of the denial thereof was received;
questions of law and fact is best left to the (c) set forth concisely a statement of the matters
WHAT TO FILE; FROM WHAT COURTS appellate court, and all doubts as to the involved, and the reasons or arguments relied on
A party desiring to appeal by certiorari from a correctness of such conclusions will be resolved in for the allowance of the petition;
judgment or final order or resolution of the: favor of the Court of Appeals. (d) be accompanied by a clearly legible duplicate
a) Court of Appeals, original, or a certified true copy of the judgment
b) the Sandiganbayan, Whether the appellate court can determine the or final order or resolution certified by the clerk of
c) the Regional Trial Court issue raised without reviewing or evaluating the court of the court a quo and the requisite number
d) or other courts whenever authorized by evidence, in which case, it is a question of law; of plain copies thereof, and such material portions
law, otherwise, it is a question of fact. Applying the test of the record as would support the petition; and
may file with the Supreme Court a verified petition to the instant case, it is clear that private (e) contain a sworn certification against forum
for review on certiorari. The petition shall raise respondent raises pure questions of law which are shopping (Sec. 4)
only questions of law which must be distinctly set not proper in an ordinary appeal under Rule 41,
forth. (Sec. 1) but should be raised by way of a petition for EFFECT OF FAILURE TO COMPLY WITH
review on certiorari under Rule 45. China Road and REQUIREMENTS
GR: only questions of law may be raised Bridge Corporation vs. The Supreme Court may, on its own initiative, deny
XPN: In an appeal from a judgment or final order of the petition on the ground that
the court in a petition for a writ of amparo or writ of TIME FOR FILING
habeas data, questions of fact may be raised The petition shall be filed within fifteen (15) days a) The appeal is without merit,
from notice of the judgment or final order or b) Is prosecuted manifestly for delay or
QUESTIONS OF LAW AND QUESTIONS OF FACT resolution appealed from, or of the denial of the c) That the questions raised therein are too
petitioner's motion for new trial or reconsideration unsubstantial to require consideration
DISTINGUISHED; if no questions of fact, Rule 45
filed in due time after notice of the judgment. (Sec.
petition. REVIEW DISCRETIONARY (Sec. 6)
2)
China Road and Bridge Corp. vs. CA, 348 SCRA - not a matter of right but of sound judicial
401 (2000)
CONTENTS OF AND DOCUMENTS TO discretion
A question of law exists when there is doubt or
ACCOMPANY PETITION - granted only when there are special and important
controversy as to what the law is on a certain state
The petition shall contain: reasons

PLEADINGS AND DOCUMENTS THAT MAY BE Raises only Raises occasioned by the petitioner’s own neglect or
REQUIRED (Sec. 7) questions of questions of error in the choice of remedies.
- to determine whether to dismiss or deny petition law jurisdiction
under Sec. 5 because a XPNs
- where petition given due course under Sec. 8 tribunal, board
or officer has a) May be availed of even when appeal is
Rule applicable to both civil and criminal cases (Sec.
acted without available or period to appeal has expired
9)
jurisdiction, or b) When appeal not adequate, or equally
in excess of beneficial, speedy or adequate
Rule 65
jurisdiction
amounting to MOTION FOR RECONSIDERATION REQUIRED;
CERTIORARI lack or excess XPNs
of jurisdiction Tan vs. CA, 275 SCRA 568 (1997)
PETITION FOR CERTIORARI, IN GENERAL Filed only with May be filed On the first argument, as a rule, the special civil
When any tribunal, board or officer exercising the SC with other action of certiorari will not lie unless a motion for
judicial or quasi-judicial functions has acted courts like reconsideration is first filed before the respondent
without or in excess its or his jurisdiction, or with RTC, CA or SC court to allow it an opportunity to correct its
grave abuse of discretion amounting to lack or errors. However, this rule admits of certain
excess of jurisdiction, and there is no appeal, or NO APPEAL, NOR ANY PLAIN, SPEEDY AND recognized exceptions such as (a) where the
any plain, speedy, and adequate remedy in the ADEQUATE REMEDY order is a patent nullity, as where the Court a
ordinary course of law, a person aggrieved thereby GR: if appeal available, no certiorari quo had no jurisdiction; (b) where the questions
may file a verified petition in the proper court, raised in the certiorari proceeding have been
alleging the facts with certainty and praying that duly raised and passed upon by the lower
Fajardo vs. Bautista, 232 SCRA 291 (1994)
judgment be rendered annulling or modifying the court, or are the same as those raised and passed
Generally, an order of dismissal, whether right or
proceedings of such tribunal, board or officer, and upon in the lower court; (c) where there is an
wrong, is a final order, and hence a proper subject
granting such incidental reliefs as law and justice urgent necessity for the resolution of the
of appeal, not certiorari. The remedies of appeal
may require. (Sec. 1) question and any further delay would prejudice
and certiorari are mutually exclusive and not
the interests of the Government or of the
alternative or successive. Accordingly, although
RULE 45 RULE 65 petitioner or the subject matter of the action is
the special civil action of certiorari is not proper
NATURE Appeal Original action perishable; (d) where, under the circumstances,
when an ordinary appeal is available, it may be
PERIOD Should be filed Should be filed a motion for reconsideration would be useless;
granted where it is shown that the appeal would
within 15 days within 60 days (e) where petitioner was deprived of due
be inadequate, slow, insufficient, and will not
from notice of from notice of process and there is extreme urgency for relief; (f)
promptly relieve a party from the injurious effects
the judgement the where, in a criminal case, relief from an order of
of the order complained of, or where appeal is
or FO being judgement, arrest is urgent and the granting of such relief by
inadequate and ineffectual. Nevertheless,
appealed from order, or the trial court is improbable; (g) where the
certiorari cannot be a substitute for the lost or
resolution proceedings in the lower court are a nullity for
lapsed remedy of appeal, where such loss is

lack of due process; (h) where the proceedings then such a party has no remedy if the evidence or EXECUTION PENDING APPEAL APPLIES TO
was ex parte or in which the petitioner had no law does not support the judgment. ELECTION CASES
opportunity to object; and (i) where the issue Balajonda vs. COMELEC, G.R. No. 166032,
raised is one purely of law or where public KINDS OF EXECUTION February 28, 2005
interest is involved. 1. According to nature Despite the silence of the COMELEC Rules of
a. Matter of right (Sec. 1) Procedure as to the procedure of the issuance of
Rule 39 - Enforceable by mandamus a writ of execution pending appeal, there is no
EXECUTION b. Discretionary (Sec. 2) reason to dispute the COMELEC’s authority to do
2. According to mode of enforcement so, considering that the suppletory application of
the Rules of Court is expressly authorized by
Execution is the legal remedy for the enforcement of a. By motion (Sec. 6, first sentence)
Section 1, Rule 41 of the COMELEC Rules of
a judgment. It is not an action but is included in the b.By independent action (Sec. 6, 2nd
Procedure which provides that absent any
phrase “Process in an action” – part of the sentence)
applicable provisions therein the pertinent
proceedings considered as still pending. provisions of the Rules of Court shall be applicable
JUDGMENTS WHICH ARE IMMEDIATELY by analogy or in a suppletory character and effect.
LOSING PARTY MUST FIRST RECEIVE NOTICE OF EXECUTORY Batul also clearly shows that the judgments which
THE JUDGMENT BEFORE THE COURT OR ITS 1. MTC judgment in forcible entry and unlawful may be executed pending appeal need not be only
PERSONNEL CAN EXECUTE THE JUDGMENT detainer (Rule 70, Sec. 19), or RTC judgment on those rendered by the trial court, but by the
Office of the Court Administrator vs. Corpuz, 412 appeal against defendant (Id., Sec. 21) COMELEC as well. It stated, thus: It is true that
SCRA 1 (2003) 2. Judgment in action for injunction, receivership, present election laws are silent on the remedy of
There is no dispute that Lu’s counsel received the accounting, support (Sec. 4) execution pending appeal in election contests.
MTC decision on 13 September 1995 and filed a Order of execution cannot be appealed (Rule 41, However, neither Ramas nor Santos declared that
notice of appeal on the same day. Corpuz issued such remedy is exclusive to election contests
Sec. 1 (f))
the writ of execution on 11 September 1995. involving elective barangay and municipal officials
Sheriff Lopez implemented the writ on the same as argued by Batul. Section 2 allowing execution
DISCRETIONARY EXECUTION (EXECUTION
day. In short, Corpuz issued the writ, and Sheriff pending appeal in the discretion of the court
PENDING APPEAL) (Secs. 2, 3, 5)
Lopez implemented the same, at least two days applies in a suppletory manner to election cases,
before Lu’s counsel received the MTC decision. 1. When and where to file motion including those involving city and provincial
Clearly, this is an improper procedure because the a. Before appeal perfected – with trial court officials.
clerk of court issued the writ of execution before b. After appeal perfected – with appellate court
the losing party received the decision. As held in 2. Trial court can grant motion for execution STAY OF EXECUTION PENDING APPEAL
Felongco v. Dictado, reiterating the earlier case of pending appeal even after perfection of appeal (Sec. Discretionary execution issued under the
Dy v. Court of Appeals, the losing party must first 9, last par.) preceding section may be stayed upon approval
receive notice of the judgment before the court or by the proper court of a sufficient supersedeas
its personnel can execute the judgment. The GROUNDS OF MOTION FOR EXECUTION bond filed by the party against whom it is directed,
reason is that if such judgment is immediately PENDING APPEAL (Sec. 2 (a), last par.) conditioned upon the performance of the
executed without prior notice to the losing party, judgment or order allowed to be executed in case

it shall be finally sustained in whole or in part. The or personal property, or the enforcement of a lien command of the writ, a part or the whole of the
bond thus given may be proceeded against on thereon; judgment-debtor’s property.
motion with notice to the surety. (Sec. 3) The formalities of a levy, as an essential requisite of a
(c) In case of the death of the judgment obligor, valid execution sale under Section 15 of Rule 39 and
BONDS IN EXECUTION after execution is actually levied upon any of his a valid attachment lien under Rule 57 of the Rules of
1. Bond filed by judgment debtor to stay execution property, the same may be sold for the satisfaction Court, are not basic requirements before an
pending appeal – supersedeas bond (Sec. 3) of the judgment obligation, and the officer making extrajudicially foreclosed property can be sold at
2. Bond of judgment obligor to enable sheriff to the sale shall account to the corresponding executor public auction. At the outset, distinction should be
continue holding levied property after affidavit of or administrator for any surplus in his hands. Sec. 7 made of the three different kinds of sales under the
third party claim filed with him (Sec. 16) law, namely:
2. EFFECT OF DEATH OF PARTY ON PENDING
EFFECT OF REVERSAL OF EXECUTED JUDGMENT a) an ordinary execution sale,
ACTION (Rule 3, Sec. 16)
ON APPEAL b) a judicial foreclosure sale, and
The trial court may, on motion, issue such orders c) an extrajudicial foreclosure sale
LIFETIME OF WRIT OF EXECUTION
of restitution or reparation of damages as equity Such writ shall continue in effect during the period The levy by the sheriff may be done only
and justice may warrant under the circumstances within which the judgment may be enforced by
(Sec. 5) motion. (Sec. 14) 3. Garnishment of debts and credits
MODES OF EXECUTION (Sec. 6) Hence, the writ is enforceable within the five-year Garnishment shall be made by:
1. By motion within 5 years from date of entry of period from entry of judgment as provided for in Sec
judgment 6 or Rule 39 because within that period, the writ may a) serving notice upon the third person having
2. By independent action called “revival of be enforced by motion. in possession or control of the credits in
judgment” after 5 years and before it is barred by favor of the judgment obligor;
statute of limitations (10 years from the finality of EXECUTION OF JUDGMENTS FOR MONEY, HOW b) the third person or garnishee shall make a
judgment) ENFORCED (Sec. 9) written report to the court within 5 days
1. Immediate payment on demand from the service of the notice of
EXECUTION IN CASE OF DEATH OF PARTY 2. Satisfaction by levy garnishment stating WON the judgment
1. (a) In case of the death of the judgment obligee, obligor has sufficient funds to satisfy the
upon the application of his executor or MEANING OF LEVY judgment.
administrator, or successor in interest; Fiestan vs. CA, 185 SCRA 751 (1990)
Manila Remnant Co., Inc. vs. CA, 231 SCRA 281
Levy, as understood under Section 15, Rule 39 of
(b) In case of the death of the judgment obligor, (1994)
the Rules of Court in relation to execution of
against his executor or administrator or successor in Garnishment is a species of attachment for
money judgments, has been defined by this Court
reaching credits belonging to the judgment
interest, if the judgment be for the recovery of real as the act whereby a sheriff sets apart or
debtor and owing to him from a stranger to the
appropriates for the purpose of satisfying the

litigation. It is an attachment by means of which 1. RIGHT OF REDEMPTION interest and claim of the judgment obligor to the
the plaintiff seeks to subject to his claim property a. Personal property property as of the time of levy.
of the defendant in the hands of a third person or
money owed by such third person or garnishee to b. Real property PURCHASER OR LAST REDEMPTIONER ENTITLED
the defendant. The rules on attachment also apply May be redeemed from the purchaser at any time TO:
to garnishment proceedings. within 1 year from the date of the registration of the 1. Execution of final deed of sale by sheriff – to enable
certificate of sale. purchaser of last redemptioner to consolidate his title
Garnishment of bank deposits - does not violate to the property and to issuance by registry of deeds
bank secrecy law (RA 1405) of new title in his name
2. WHO MAY REDEEM? (Sec. 27)
Garnishment of public funds
a. Judgment obligor or his successor in
interest 2. Physical possession of the property by means of a
THIRD PARTY CLAIM; terceria (Sec. 16) writ of possession against judgment obligor or his
b. Creditor who is a redemptioner
1. How made successor or interest or against any person who
A person, not a party to the action, claiming a occupied the land after filing of case in which
3. TIME AND MANNER OF, AND AMOUNTS
property levied upon may execute an affidavit of his judgment was rendered and writ of execution was
PAYABLE ON, SUCCESSIVE REDEMPTION, ETC. (Sec.
title or right of possession over the property. issued
28)
a. Judgment debtor (or his successor in
2. Who acts on the claim? WHEN WRIT OF POSSESSION MAY BE ISSUED:
interest), if exercising redemption ahead of mere
The sheriff. 1. Sale at public auction – issued to purchaser where
redemptioner – within 1 year from date of
registration of sheriff’s certificate of sale (with 12- month redemption period had lapsed without
If disapproved, remedies of third party claimant any redemption being made
Register of Deeds)
a) file separate action to determine title or b. Redemptioner exercising redemption 2. Land registration proceedings
right of possession ahead of judgment debtor (or his successor in 3. Judicial foreclosure – provided debtor is in
b) file complaint for damages against bond interest) – within 1 year from date of registration of possession and no third person, not a party to the
filed by judgment creditor certificate of sale foreclosure suit, had intervened
c. Redemptioner redeeming from another 4. Extrajudicial foreclosure
redemptioner – within 60 days after the last
SALE ON EXECUTION (Sec. 15) redemption EFFECTS OF JUDGMENTS AND FINAL ORDERS
1. Real property (Sec. 47)
2. Personal property DEED AND POSSESSION AFTER EXPIRATION OF 1. Bar by former judgment or res judicata (par. (b))
3. In all cases REDEMPTION PERIOD (Sec. 33) 2. Conclusiveness of judgment (par. (c))
4. Conveyance of property sold to highest bidder, Upon the expiration of the right of redemption,
how made (Secs. 23, 24, 25, 26) the purchaser or redemptioner shall be SELECT PROCEDURAL LAWS AND RULES
substituted to and acquire all the rights, title,
REDEMPTION (Secs. 27, 28)

I. REVISED KATARUNGANG PAMBARANGAY Section 2. Scope. - SEC. 2. Scope. - These A.M. No. 09-6-8-SC Rules of Procedure for
LAW These Rules shall Rules shall govern the Environmental Cases
govern the procedure procedure in actions
I. Otherwise known as the Local Government INTRODUCTION TO PROVISIONAL REMEDIES
in actions before the before the
Code of 1991. Its primordial aim is to reduce Metropolitan Trial Metropolitan Trial AND SPECIAL CIVIL ACTIONS
the number of court litigations and prevent Courts (MeTCs), Courts (MeTCs),
the deterioration of the quality of justice. Municipal Trial Courts Municipal Trial Courts I. Provisional Remedies
II. Proceedings before the barangay are not in Cities (MTCCs), in Cities (MTCCs),
judicial proceedings. Legally, there is no Municipal Trial Courts Municipal Trial Courts A.M. No. 99-2-01-SC
barangay court. They resolve disputes or (MTCs) and Municipal (MTCs), and Municipal
A.M. No. 02-11-12-SC (March 23, 2003)
attempt to do so through amicable Circuit Trial Courts Circuit Trial Courts
A.M. No. 04-10-11-SC (November 15, 2004)
settlement, conciliation and arbitration (MCTCs) for payment (MCTCs) for payment
III. The court may not moto propio dismiss a of money where the of money where the
PRELIMINARY ATTACHMENT- RULE 57
case on the ground of failure to comply with value of the claim does value of claim does not
not exceed Two exceed the The provisional remedy in virtue of which a plaintiff
the requirement of a barangay conciliation or other party may, at the commencement of the
Hundred Thousand jurisdictional amount
IV. Non-referral of a case for barangay action or at any time thereafter, have the property of
Pesos (P200,000.00) of these courts under
conciliation is NOT jurisdictional in nature the adverse party taken into the custody of the court
exclusive of interest Republic Act No. (R.A.)
hence, be DEEMED WAIVED if not raised and costs 7691 (Four Hundred as security for the satisfaction of any judgment that
seasonably. Hence, a party who does not Thousand Pesos may be recovered.
raise the defect seasonably can no longer [P400,000.00] for the
raise the defense of non-compliance to seek MeTCs and Three PRELIMINARY INJUNCTION- RULE 58
dismissal of the complaint. Hundred Thousand Preliminary Injunction is an ancillary or preventive
Pesos [P300,000.00] for
II. 1991 Revised Rule on Summary Procedures remedy where a court requires a person, a party or
the MTCCs, MTCs, and
even a court or tribunal either to refrain from
MCTCs), exclusive of
PLEADINGS ALLOWED (prohibitory), or to perform (mandatory), particular
interest and costs.
acts during the pendency of an action. It is only a
a) Complaints temporary remedy.
IV. Select Procedural Rules for the Enforcement
b) compulsory counterclaims
and Protection of Constitutional Rights (under
c) cross-claims' pleaded in the answer RECEIVERSHIP- RULE 59
Special Proceedings)
d) answers thereto The receivership under Rule 59 is directed to the
property which is the subject of the action and does
III. Rule on Small Claims Cases A.M. No. 07-9-12-SC Rule on the Writ of Amparo
not refer to the receivership authorized under
A.M. No. 08-1-16-SC Rule on the Writ of Habeas
banking laws and other rules or laws. Rule 59
Data (Rule 102 Habeas Corpus)
presupposes that there is an action and that the
property subject of the action requires its

preservation. Receivership under Rule 59 is ancillary required to litigate among themselves in order to grave abuse of discretion amounting to lack or excess
to the main action. determine who is entitled to the property or payment of jurisdiction, there being no appeal or any other
of the obligation. The remedy is afforded not to plain, speedy and adequate remedy in the ordinary
Receiver – A person appointed by the court in behalf protect a person against a double liability but to course of law.
of all the parties to the action for the purpose of protect him against a double vexation in respect of
preserving and conserving the property in litigation one liability. PROHIBITION- RULE 65
and prevent its possible destruction or dissipation if Is a writ issued by the proper court and directed
it were left in the possession of any of the parties. DECLARATORY RELIEF AND SIMILAR REMEDIES- against any tribunal, corporation, board, officer or
63 person, whether exercising judicial, quasi-judicial or
REPLEVIN- RULE 60 The declaratory relief action is an action to secure an ministerial functions, commanding the respondent to
Replevin is the provisional remedy seeking for the authoritative statement of the rights and obligations desist from further proceedings in the action or
possession of the property prior to the determination of the parties under a statute, deed or contract, or for matter specified therein. (Sec. 2, Rule 65)
of the main action for replevin. the enforcement thereof, or for the compliance of the
same. The remedy of declaratory relief is a remedy of It is a remedy to prevent inferior courts, corporations,
Replevin may also be a main action with the ultimate last resort; it is not available when other remedies are boards or persons from usurping or exercising a
goal of recovering personal property capable of available. It cannot be a substitute for another jurisdiction or power which they have not been
manual delivery wrongfully detained by a person. In existing defense. vested by law.
this sense, it is a suit in itself
RULE 64- SC RESOLUTION OF FEBRUARY 17, MANDAMUS- RULE 65
SUPPORT PENDENTE LITE- RULE 61 1998 It is a writ issued in the name of the State, to an
Purpose is to compel adverse party to provide This Rule shall govern the review of judgments and inferior tribunal, corporation, board or person,
support while action is pending in court. final orders or resolutions of the Commission on commanding the performance of an act which the
Elections and the Commission on Audit. law enjoins as a duty resulting from an office, trust or
II. Special Civil Actions station.
REMEDIES OF LAST RESORT
SC A.M. No. 99-2-04-SC 1. Certiorari Is a writ to compel a tribunal, corporation, board,
2. Prohibition, and officer or person to do the act required to be done to
INTERPLEADER- RULE 62 3. Mandamus protect the rights of the petitioner.
Interpleader is a remedy whereby a person who has
property in his possession or has an obligation to CERTIORARI- RULE 65 QUO WARRANTO- RULE 66
render wholly or partially, without claiming any right Certiorari is an extraordinary writ annulling or A prerogative writ by which the Government call
in both, comes to court and asks that the defendants modifying the proceedings of a tribunal, board or upon any person to show by what warrant he holds a
who have made upon him conflicting claims upon the officer exercising judicial or quasi-judicial functions public office or exercises a public franchise.
same property or who consider themselves entitled when such tribunal, board or officer has acted
to demand compliance with the obligation be without or in excess of its or his jurisdiction, or with WHO MAY FILE?

1. The State The process of dividing and assigning property agencies who exercise quasi-judicial powers that
Action must be brought in the name of the Republic owned in common among the various co-owners have no contempt powers may avail of Rule 71 in
of the Philippines and commenced by the Solicitor thereof to their respective interests in the property. order to cite and hold a party in contempt. So they
General or public prosecutor (Sections 2&3) have to file a case in court for that since they have no
The process is to segregate the respective shares of contempt powers. Only the courts have inherent
2. Private individual when: the parties to a certain property co-owned by them powers of contempt under the judicial system
a. He claims entitlement to a public office or position
usurped or unlawfully held or exercised by another FORCIBLE ENTRY AND UNLAWFUL DETAINER-
(S5) RULE 70
b. The law allows a private person to question the To restore the material possession and to award
regularity of the incorporation of an entity. damages as well as costs.
EXPROPRIATION- RULE 67 FORCIBLE ENTRY- consists of depriving a person of

There are two (2) stages in every action for possession of land or building for a period of 1 year
expropriation. by (FISTS)
a) Force
The first is concerned with the determination of the
b) Intimidation
authority of the plaintiff to exercise the power of
c) Strategy
eminent domain and the propriety of its exercise in
d) Threat, or
the context of the facts involved in the suit. This ends
e) Stealth
with either:
(1) An order of dismissal, or
(2) An order of expropriation UNLAWFUL DETAINER- consists in the unlawful
withholding by a person from another, for not more
The second phase of the eminent domain action is than 1 year, of the possession of any land or building
concerned with the determination by the Court of the after the expiration or termination of the right to hold
just compensation for the property sought to be such possession by virtue of a contract, express, or
taken. implied. Unlawful detainer presupposes an unlawful
withholding of the property from the rightful
FORECLOSURE OF REAL ESTATE MORTGAGE- possessor or owner.
RULE 68
It is the remedy available to the mortgagee by which CONTEMPT- RULE 71
he subjects the mortgaged property to satisfy the It applies suppletorily to contempt rules of quasi-
obligation. judicial agencies with contempt powers. Government
PARTITION- RULE 69


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Civil Procedure based on the lectures of

Civil Procedure based on the lectures of

Civil Procedure based on the lectures of

Civil Procedure based on the lectures of

Civil Procedure based on the lectures of

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Civil Procedure based on the lectures of

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Civil Procedure based on the lectures of

Civil Procedure based on the lectures of

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